LAWS(JHAR)-2017-4-17

DHANANJAY SINGH SON OF SRI SATYENDRA NARAYAN SINGH, RESIDENT OF QTR. NO. C Vs. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVT. OF JHARKHAND, PROJECT BUILDING, P.S. DHURWA, P.S. HATIA, DISTRICT

Decided On April 11, 2017
Dhananjay Singh Son Of Sri Satyendra Narayan Singh, Resident Of Qtr. No. C Appellant
V/S
The State Of Jharkhand Through The Chief Secretary, Govt. Of Jharkhand, Project Building, P.S. Dhurwa, P.S. Hatia, District Respondents

JUDGEMENT

(1.) The petitioner, by way of filing this writ petition, prays for direction upon the respondent authorities to offer appointment to the petitioner on the post of Deputy Administrator, Sports Authority of Jharkhand (hereinafter to be referred as 'SAJHA'), since his name has been recommended for appointment for the said post, which was advertised vide Advertisement dated 11.12.2013. By way of amendment petition, the petitioner has also prayed for insertion of a new prayer for cancellation of the decision of the respondent authorities by which, they have decided to start a fresh selection process by cancelling the earlier process of appointment, by which, the name of the petitioner was recommended. The decision of re-advertisement is also under challenge.

(2.) The petitioner claims to be an Athlete having educational qualification of B.P.Ed.(Bachelor in Physical Education), M.P.Ed. (Master in Physical Education) and is pursuing Ph. D. It is submitted that one sanctioned and vacant post of Deputy Administrator, SAJHA, was decided to be filled up by the respondent authorities and accordingly the post was advertised vide Advertisement dated 11.12013. Pursuant to the said Advertisement, the petitioner along with others applied and only two candidates i.e. the petitioner and one Archana Kumari were found eligible for appointment. The petitioner further claims that said Archana Kumari has political nexus and tried to influence the person concerned so that she gets appointment. The petitioner also submits that he and Archana Kumari were called for interview. The petitioner claims that he obtained 78.25 marks, whereas, Archana Kumari obtained only 57 marks and therefore, the Selection Committee recommended the name of the petitioner for appointment for the said post. The petitioner further submits that in spite of such recommendation, he has not been appointed. He alleges that he was not being issued the appointment letters at the instance of Archana Kumari.

(3.) The respondent State appeared and filed their counter affidavits stating therein that the Sports Authority of Jharkhand in its Meeting dated 9.2014 unanimously resolved to cancel the process of appointment for the post of Deputy Administrator, Sajha. The respondent authorities have denied any nexus with said Archana Kumari. It is further submitted that the post of Deputy Administrator, SAJHA, is not a Government post and the appointment on the said post has not been made through Jharkhand Public Service Commission or Staff Selection Commission. Counsel for the respondents further submits that the selection process had not become final and in fact, the same was cancelled as per the decision dated 9.2014 taken by the Executive Committee of Sports Authority of Jharkhand.