LAWS(GAU)-2014-6-63

ATAM BAGANG Vs. STATE OF ARUNACHAL PRADESH

Decided On June 24, 2014
Atam Bagang Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) HEARD Mr. T. T. Tara, learned counsel, appearing on behalf of the petitioner. Also heard Ms. Geeta Deka, learned Addl. Senior Government Advocate, appearing on behalf of State Respondents No. 1 & 2 and Mr. Likha John, learned counsel, appearing on behalf of private Respondent No. 5.

(2.) APPOINTMENT of private Respondents No. 4 and 5, as Agricultural Field Assistants(Jr.), on sports quota, has been challenged by an unsuccessful candidate in the present writ petition on the ground that the private Respondents are neither qualified nor were their selection, proper in terms of the law holding the field.

(3.) ONE Mr. Atam Bagang, as petitioner, has filed this writ petition, stating that he is a meritorious Football player having represented the State of Arunachal Pradesh in Santosh Trophy Tournament. The petitioner, by annexing certificate of merit, has claimed to be a National Level Football Player. It is the case of the petitioner that there is reservation to the extent of 5% in Government services and posts in the Agriculture Department of the State of Arunachal Pradesh under sports quota. Accordingly, an Advertisement was issued on 11.02.2013 inviting candidates to participate in a walk -in -interview to be held on 22.02.2013 for recruitment to the posts of Agricultural Field Assistant (for short, 'AFA') under sports quota. Specific mention was made in this Advertisement that applications from eligible candidates would be received till 4.30PM on 21.02.2013 along with documents. It was also disclosed therein that any incomplete application or application filed after 4.30 P M of 21.02.2013 shall be rejected. By this Advertisement, it was further notified that candidates between the age limit of 18 to 28 years, as on 01.02.2013, for general category candidates which is 5 years relaxable for Arunachal Pradesh Scheduled Tribe(APST) candidates were eligible to report for the interview, on 22.02.2013, from 9.30AM to 4.30PM, with original certificates. The interested candidates were advised to submit all documents in advance with attested copies of marksheets and certificates along with 2(two) copies of recent passport sized photographs to the Director of Agriculture, Government of Arunachal Pradesh, Naharlagun, upto the aforesaid date and time. The Advertisement was modified by placing a Corrigendum, on the same date. Be that as it may, the central requirements like last date and time of the receipt of applications remained unchanged. According to the petitioner, he submitted his candidature for the same and produced necessary certificates but the official respondents chose to select the private Respondents No. 4 and 5 for the two posts. The writ petitioner further claimed that both the aforesaid private Respondents are ineligible in terms of the Guidelines issued on 18.7.2001 under the Central Civil Services(Classification, Control and Appeal) Rules, 1965.