STATE OF MADHYA PRADESH Vs. DIVYA DARSHAN SHARMA

JUDGEMENT

(1.) This order shall decide Writ Appeal No.345/2018 filed by the State and Writ Appeal No.246/2018 filed by the Madhya Pradesh Public Service Commission against the judgment dated 16th February, 2018 whereby the writ petition filed by the respondents was allowed relying upon the Circular dated 20.11.2006 issued by the State Government that the writ petitioners have the eligibility qualification of participation in the "National Games" for the post of District Sports Officer as the writ petitioners have participated in the "Inter University Competitions".

(2.) The brief facts leading to the present appeals are that an advertisement was issued for filling up of 25 posts of District Sports Officer on 7th February, 2017. The essential qualifications for appointment of the post are Graduate with MP.Ed./M.P.E. and participation in National Games or in recognized Senior National Championship. The writ petitioners were amongst the 77 candidates who were found eligible for interview but vide communication dated 18.08.2017, the candidature of 47 candidates were rejected for the reason that such candidates do not possess the advertised condition of participation in National Games or recognized Senior National Championship. It is the said order which was challenged successfully by the writ petitioners before the learned Single Bench.

(3.) The argument of the petitioners is that the petitioners have participated in Inter University Competition, therefore, such Inter University Competitions are to be treated as participation at the National Level and thus, petitioners are eligible for appointment to the posts advertised. The learned Single Bench examined the questions formulated which reads as under:-