Central Administrative Tribunal - Chandigarh
Narender Kumar vs Chandigarh Administration on 13 February, 2020
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A.NO.060/00923/2019
Chandigarh, this the 13.02.2020
(Order reserved on: 17.01.2020)
HON'BLE MR. SANJEEV KAUSHIK, MEMBER (J)
HON'BLE MR. MOHD. JAMSHED, MEMBER (A)
Narender Kumar aged about 33 years son of Suraj Mal,
resident of House No. 776, New Housing Board, Distt.
Jind, Pin Code-126102, Group 'C'.
Applicant
(BY: MR. JASBIR MOR, ADVOCATE)
Versus
1. Union Territory, Chandigarh through its Secretary,
Chandigarh Administration, Sports Department,
Chandigarh, Pin Code-160001.
2. Director of Sports, Chandigarh Administration,
Sports Complex, Hockey Stadium, Sector 42,
Chandigarh, Pin Code-160036.
(BY : MR. K.K. THAKUR, ADVOCATE)
3. Rinku Junior coach, Wrestling through Director
Sports, Chandigarh Administration, Sports
Complex Hockey Stadium, Sector 42, Chandigarh,
Pin Code-160036.
(BY MR. BARJESH MITTAL, ADVOCATE).
(MR. ROHIT SETH, ADVOCATE, FOR APPLICANT IN
M.A.NO.060/1789/2019)
Respondents
2
ORDER
[HON'BLE SANJEEV KAUSHIK, MEMBER (J)]
1. The applicant has approached this Tribunal with a prayer to quash the selection and appointment of respondent no.3 as Junior Wrestling Coach and to appoint him as such by awarding him 10 marks for Graduation in 1st division.
3. The facts are not in dispute. The applicant claims to have the qualification of Matric, B.A., Bachelor of Physical Education, and Diploma in Sports Coaching (Wrestling). The respondents carried selection for two posts of Junior Coaches (General Category), one for Handball and another for Wrestling in January, 2019. Last date of receipt of application was 15.1.2019. The minimum qualification was Graduate, Diploma in Coaching and experience of one year. The selection criteria was as under :-
(a) Basic Qualification (B.A.) 10 marks
(b) Technical qualification, 20 Marks Diploma in NIS M.P.Ed.
20 Marks
(c) Experience 15 marks
(d) Interview 05 marks Grand Total 55 marks 3
4. The applicant and respondent no.3, both applied and participated in the selection for the post of Junior Coach (Wrestling). They were called to appear before the Documentation/Interaction Committee for filling up the post on 9.8.2019 , as per letter dated 31.7.2019. Ultimately, respondent no.3 was selected by obtaining 34 marks out of 50 marks whereas applicant who scored 25.5 marks only, was kept at Sr. No. 6 in order of merit. On enquiry the applicant was informed that he has not been awarded any marks for Graduation. If the applicant was given 10 marks, he would have been at no.1. Hence, the O.A.
5. The respondents No.1&2 have filed a reply. They submit that a letter was written to the applicant on 31.7.2019 with a request to appear before the Documentation / Interaction Committee for filling up the post of Junior Wrestling Coach, along with original documents on 9th August, 2019 at 10.00 AM in the office of Director, Sports Complex, Hockey Stadium, Sector 42, Chandigarh. As per report of the committee, the applicant has not shown the Graduation Degree to the committee, so he was not awarded 10 marks of 4 graduation. Respondent No.3 has also filed a reply on similar lines.
6. We have heard the learned counsel for the parties and examined the material on file including the original record produced by the official respondents.
7. It is not at all in dispute that for selection to the post of Junior Coach (Wrestling). The applicant and respondent no.3, both had applied for the selection. A letter dated 31.7.2019 was written to the applicant asking him to appear before the Documentation / Interaction Committee, along with original documents on 9th August, 2019 at 10.00 AM in the office of Director, Sports Complex, Sector 42, Chandigarh. It is the specific plea of respondents that as per report of the committee, the applicant has not shown the Graduation Degree to the Committee and as such there was no occasion with the Committee to award him 10 marks. These facts are specifically mentioned in the reply of official as well as private respondent no.3, which have not even been disputed by the applicant by filing any document in support of his claim. In that view of matter, the Court is left with no other option but to accept the plea of the respondents that indeed 5 the applicant was unable to show the Graduation Certificate and committee was right in not awarding him any marks for the same.
8. There is no allegation levelled by the applicant against the Committee that it was biased in any manner towards him. Thus, we have no hesitation in holding that there was no malafide intention on the part of the Committee towards the applicant.
9. In the wake of aforesaid discussion, this O.A. turns out to be devoid of any merit and is rejected. No costs. Needless to mention that interim order stands vacated.
10. Connected M.As also stand disposed of.
(MOHD. JAMSHED) (SANJEEV KAUSHIK) MEMBER (A) MEMBER (J) Place: Chandigarh Dated: 13.02.2020 HC*