Central Administrative Tribunal - Chandigarh
Ajay Malik vs D/O Post on 11 July, 2025
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 60/381/2018
Reserved on: 11.07.2025
Pronounced on: 31.07.2025
HON'BLE MR. RAMESH SINGH THAKUR, MEMBER (J)
HON'BLE MRS. ANJALI BHAWRA, MEMBER (A)
Ajay Malik, aged about 22 years son of Sh. Kuldeep Singh (Group
C) resident of House No.1546/31, Chhottu Ram Colony, Gohana
Road, Sonipat, Distt. Sonipat, Haryana.
...Applicant
(BY ADVOCATE: Mr. Jasbir Mor)
VERSUS
1. Union of India through Secretary to Govt. of India, Staff
Selection Commission, Block No.12 CGO Complex, Lodhi
Road, New Delhi.
2. The Chief Postmaster General (Recruitment), Haryana
Circle, The Mall, Ambala, Distt. Ambala.
3. Assistant Postmaster General (Staff), Haryana Circle, The
Mall, Ambala, Distt. Ambala.
4. Prateek Pandey son of Sh. Aatma Pandey C/o Sh. Sanjay
Kumar Rai, P.O. Gorakhpur H.O. Gorakhpur. UP.
...Respondents
(BY ADVOCATE: Ms. Swati Arora for R1-3, Sh. M.K. Gaur along
with Sh. Gaurav Sehrawat and Sh. K. Srivastava for R-4.
Digitally signed by Satyanarayana
Satyan Vanapalli
DN: C=IN, O=GOVERNMENT OF
INDIA, OU=CENTRAL
ADMINISTRATIVE TRIBUNAL,
Phone=
arayana 6f592c8349948910e1de6c2931b0ba
c4a9bb734425eb6ffc8a5e181f034b2
b77, PostalCode=342006, S=
RAJASTHAN, SERIALNUMBER=
Vanapa 053f205c047576d405aa21e40b02de
09453dd2ea8a478f74d402fb5b47c8
8e59, CN=Satyanarayana Vanapalli
Reason: I am the author of this
document
lli Location:
Date: 2025.07.31 13:16:10+05'30'
Foxit PDF Reader Version: 2025.1.0
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ORDER
Per: HON'BLE MRS. ANJALI BHAWRA, MEMBER (A):
1. This O.A has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"(ii) This Hon'ble Tribunal may be pleased to quash the impugned selection dated 23.01.2018 (Annexure A8) of the respondent no.4 on the post of Postal Assistant/Sorting Assistant in the weight category of 86 kg of wrestling against the advertisement dated 8.2.2015 (Annexure A/1) being totally illegal, arbitrary, unjust, unfair, discriminatory, violative of Articles 14 and 16 of the Constitution of India as well as guidelines and competition rules of wrestling established even at World Level;
(iii) This Hon'ble Court may be pleased to direct the official respondents to take again the field trial of candidates including the applicant in the weight category of 86 kg after cancellation of the selection of respondent no.4 in the category of 86 kgs because he is not eligible for competing as well as for selection in the said category as per the rules and regulations and in view of the guidelines for competition in the wrestling;"
2. The background of the case as submitted by the applicant in its OA is as follows:-
I. The respondent no.2 invited the application from meritorious sports persons for the post of Postal Assistant/Sorting Assistant under Sports quota vide advertisement dated 08.02.2015 (Annexure A/1). 5 (Five) posts were meant for the sports persons of Wrestling and male candidate could have applied for the said posts.
II. It is submitted by the applicant that he passed Matriculation in the year 2010 and 10 + 2 examination passed in the year 2011. He obtained the Diploma in Physical Education (DPE) in the year 2014 (Annexure A/2 Colly.). The applicant is a sportsperson. He participated in the National Wrestling Championship in 59th Men Free Style, Greco Digitally signed by Satyanarayana Satyan Vanapalli DN: C=IN, O=GOVERNMENT OF INDIA, OU=CENTRAL ADMINISTRATIVE TRIBUNAL, Phone= arayana 6f592c8349948910e1de6c2931b0ba c4a9bb734425eb6ffc8a5e181f034b2 b77, PostalCode=342006, S= RAJASTHAN, SERIALNUMBER= Vanapa 053f205c047576d405aa21e40b02de 09453dd2ea8a478f74d402fb5b47c8 8e59, CN=Satyanarayana Vanapalli Reason: I am the author of this document lli Location:
Date: 2025.07.31 13:16:10+05'30' Foxit PDF Reader Version: 2025.1.0 3 Roman Style held from 13.11.2014 to 16.11.2014 in 85 kgs category and further he had also participated in Senior Free Style and Greeco Roman Haryana State Wrestling Championship held from 04.11.2014 to 06.11.2014 in 85 kg category. The applicant was duly eligible and applied for the post of Postal Assistant/Sorting Assistant in the category of Wrestling. He was issued an admit card giving the permission to appear in the Field Trials for selection against sports quota to be conducted on 29.11.2017 (Annexure A/4). The applicant had deposited the fee of Rs.400/- in compliance of the order of the respondent authority for participating in the said Trial (Annexure A/6).
III) Further, it is submitted by the applicant that the weight of the applicant was 86 category, therefore, he participated in the free style wrestling in 86 kg category. There was no candidate in 86 Kg category in the free style wrestling. However, the applicant was forced to take the bout with respondent no. 4- Parteek Pandey, who is having the weight of 92 Kg. despite of the objection of the applicant. Therefore, applicant lost to respondent no.4 in the said bout.
IV) The applicant sent a representation that he was forced to take the bout with a person other than his category i.e. having excess weight than him and the same is against the rules and regulation and bout shall take place between two wrestlers of same category/weight and not that of different weight category and that too a difference of 6 kg weight. Therefore, request was made to the respondent that his trial may be taken again by cancellation of the trial (Annexure A/7). V) The respondent authority did not take any action on the said representation of the applicant and declared the result of trial on dated Digitally signed by Satyanarayana Satyan Vanapalli DN: C=IN, O=GOVERNMENT OF INDIA, OU=CENTRAL 23.01.2018 (Annexure A/8). In the 86 kg category, respondent no. 4- ADMINISTRATIVE TRIBUNAL, Phone= arayana 6f592c8349948910e1de6c2931b0ba c4a9bb734425eb6ffc8a5e181f034b2 b77, PostalCode=342006, S= RAJASTHAN, SERIALNUMBER= Vanapa 053f205c047576d405aa21e40b02de 09453dd2ea8a478f74d402fb5b47c8 8e59, CN=Satyanarayana Vanapalli Reason: I am the author of this document lli Location:
Date: 2025.07.31 13:16:10+05'30' Foxit PDF Reader Version: 2025.1.0 4 Prateek Pandey was selected by the respondent authority. Thereafter, the applicant had sought the information under RTI with regard to how many candidates have participated in the field trial for wrestling even under 86 kg weight and their participation in free style and Greeco Roman Style may be given separately. However, the information was also not provided to the applicant so far.
3. Notice was issued to the respondents. The respondents filed written statement on behalf of respondents no.1 to 3 on 12.07.2018 wherein following has been submitted:
I. A notification was issued on 08.02.2015 (Annexure A/1) for calling for applications from meritorious sports person to fill up the 21 Postal Assistants (Post Office)/Sorting Assistants. The vacancies were notified for 5 sports events including Wrestling. 05 (Male) vacancies were notified for wrestling event. Only shortlisted candidates will be called for trials and finally selected candidates only will be informed of their selection and no correspondence will be entertained regarding application/selection. Shri Ajay Malik (Applicant) applied for the vacancy of Postal Assistant under wrestling event by filling application number. A list of all the accepted applications was drawn up by following consolidated instructions on incentives for Sports Persons in Govt. of India vide DOPT letter No. 14034/01/2013-Estt. (D) dated 03.10.2013 (Annexure R-1).
II. The applicant was called for trials held on 19.01.2018 at Panchkula. A selection committee comprising of the following officers was constituted: -
(i) Director of Accounts (P), Ambala (il) Senior Superintendent of Post Offices, Karnal Digitally signed by Satyanarayana Satyan Vanapalli DN: C=IN, O=GOVERNMENT OF INDIA, OU=CENTRAL ADMINISTRATIVE TRIBUNAL, (ill) Assistant Postmaster General (Staff), 0/0 Chief PMG, Haryana Phone= arayana 6f592c8349948910e1de6c2931b0ba c4a9bb734425eb6ffc8a5e181f034b2 b77, PostalCode=342006, S= RAJASTHAN, SERIALNUMBER= Circle Ambala Vanapa 053f205c047576d405aa21e40b02de 09453dd2ea8a478f74d402fb5b47c8 8e59, CN=Satyanarayana Vanapalli Reason: I am the author of this document lli Location:
Date: 2025.07.31 13:16:10+05'30' Foxit PDF Reader Version: 2025.1.0 5
(iv) District Sport Officer, Ambala
(v) Expert of event (To be nominated by the DSO).
The Director Sports & Youth Affairs, Haryana, Panchkula, on request, nominated Shri Arun Kant, District Sports & Youth Affairs Officer Ambala as observer of the field trials and two experts for holding trials. III. It is averred by the respondents that the applicant fell in group of 86 kg and hence he competed with Sh. Partik Panday (Respondent No.
4) of the same group. Applicant competed with the respondent no.4 in the event meaning thereby he was ready to take bout with wrestler of 92 kg considering him to be in the same and the one group. If the applicant had any objection then he should have registered his protest and refused to take bout with respondent number 4. The applicant is raising an objection at this later stage after availing the opportunity and after having lost the bout thereby failed to secure the job. The final result of bout was prepared by the experts wrestling and respondent No.4 obtained 75 marks in total whereas the applicant obtained 30 marks out of 80 marks (Annexure R-2). The result of field trials conducted under the supervision of the Experts was submitted to the Selection Committee. On the recommendation of Selection Committee formed for the purpose, respondent No. 4 was selected as Postal Assistant in Wrestling Sports Event. Therefore, the respondents prayed that the case of the applicant is not hard and deserving and OA filed by the applicant deserves to be dismissed.
4. The respondents further submitted the following Judgments are as follows:-
i) Tarun Kataria Vs. Union of India and others, reported in 2024 SCC OnLine Del 935.Digitally signed by Satyanarayana
Satyan Vanapalli
DN: C=IN, O=GOVERNMENT OF
INDIA, OU=CENTRAL
ADMINISTRATIVE TRIBUNAL,
Phone=
arayana 6f592c8349948910e1de6c2931b0ba c4a9bb734425eb6ffc8a5e181f034b2 b77, PostalCode=342006, S= RAJASTHAN, SERIALNUMBER= Vanapa 053f205c047576d405aa21e40b02de 09453dd2ea8a478f74d402fb5b47c8 8e59, CN=Satyanarayana Vanapalli Reason: I am the author of this document lli Location:
Date: 2025.07.31 13:16:10+05'30' Foxit PDF Reader Version: 2025.1.0 6
ii) State of Uttar Pradesh Vs. Karunesh Kumar & Others, reported in 2022 SCCC OnLine SC 1706.
5. The respondent no.4 also filed reply on 15.06.2025 wherein following has been submitted:
I) The respondent no.4 Prateek Pandey S/o Sh. Aatma Pandey, R/o House No.483E, Ram Janki Nagar, Gorakhpur, Uttarpradesh-273001, DOB 19.09.93 a meritorious sportsman (wrestler) who has been fulfilling all the requisite qualifications duly applied against the advertisement notified by the official respondents no.1 to 3 for the post of Postal Assistant/Sorting Assistant in Haryana Circle under Sports quota. II) Respondent no.4 duly participated in the selection process, the trail held on 19.01.18 at Panchkula, Haryana for which the result was declared on 23.01.18 and respondent no.4 was provisionally selected and after following all the remaining required formalities as per law finally got appointed. Thereafter, respondent no.4 was appointed as Postal Assistant after completion of all the requisite mandatory formalities in accordance with law and was deputed w.e.f. 01.05.18 at Industrial Complex Post Officer, Dundahera, Gurgaon and subsequently has been getting posted under different postal authorities at different places in Haryana Circle.
III) Further, respondent no.4 has been serving in the department to the entire satisfaction of his superior officials having his unblemished and meritorious service records however earning different commendations, name and fame for the postal department time and again in wrestling events (Annexure PR/1). Subsequently due to some personal reasons respondent no.4 applied for transfer from Haryana Circle to UP Circle which was granted in accordance with the relevant Digitally signed by Satyanarayana Satyan Vanapalli DN: C=IN, O=GOVERNMENT OF INDIA, OU=CENTRAL rules and instructions on the subject accordingly the applicant was ADMINISTRATIVE TRIBUNAL, Phone= arayana 6f592c8349948910e1de6c2931b0ba c4a9bb734425eb6ffc8a5e181f034b2 b77, PostalCode=342006, S= RAJASTHAN, SERIALNUMBER= Vanapa 053f205c047576d405aa21e40b02de 09453dd2ea8a478f74d402fb5b47c8 8e59, CN=Satyanarayana Vanapalli Reason: I am the author of this document lli Location:
Date: 2025.07.31 13:16:10+05'30' Foxit PDF Reader Version: 2025.1.0 7 transferred in October, 2022 and presently the applicant is posted as Postal Assistant, Head Post Office, Gorakhpur.
6. The applicant has filed rejoinder wherein the applicant reiterated the contents of the O.A and emphasized on following submissions:
I) The applicant was forced to take the bout with a wrestler of 92 kg instead of taking the bout of the applicant with the wrestler of his weight. The applicant participated in the free style wrestling kg category in 86 Kg category. There was no candidate in 86 kg category in the free style wrestling. However, the applicant was forced to take the bout with respondent no. 4- Parteek Pandey who is having the weight of 92 Kg (despite of the objection of the applicant) and he lost to respondent no.4 in the said bout. Therefore, the applicant had sent a representation that he was forced to take the bout with a person other than his category i.e. having excess weight to him and the same is against the rules and regulation and bout shall take place between two wrestlers of same category/ weight and not that of different weight category and that too a difference of 6 kg weight. Facing with this situation, a request (Annexure A/7) was made to respondent that his trial may be taken again by cancellation of the trial. However, the respondent authority did not take any action on the said representation of the applicant and of declared the result of trial on dated 23.01.2018 (Annexure A/8). In 86 kg category, the respondent no.4- Prateek Pandey was selected by the respondent authority who even does not fall in the weight. Thus his selection is against the rules and regulations.
II. It is also averred by the applicant in the rejoinder that respondent no.4 was of 92 kg weight and he could not have been selected in the weight category 86. The applicant was the only lone candidate in this Digitally signed by Satyanarayana Satyan Vanapalli DN: C=IN, O=GOVERNMENT OF INDIA, OU=CENTRAL category, ADMINISTRATIVE TRIBUNAL, Phone= therefore, either he should have been declared pass arayana 6f592c8349948910e1de6c2931b0ba c4a9bb734425eb6ffc8a5e181f034b2 b77, PostalCode=342006, S= RAJASTHAN, SERIALNUMBER= Vanapa 053f205c047576d405aa21e40b02de 09453dd2ea8a478f74d402fb5b47c8 8e59, CN=Satyanarayana Vanapalli Reason: I am the author of this document lli Location:
Date: 2025.07.31 13:16:10+05'30' Foxit PDF Reader Version: 2025.1.0 8 straightaway in his category or his competition/bout could have been made with the candidate of his weight and in case in no candidate was available in his category then a candidate of his weight could have been arranged for him. However, in any way, the bout of the applicant should not have been conducted with respondent no.4 and further the respondent was not entitled to be selected in the weight category of the applicant. Therefore, the applicant prayed that the O.A. filed by him deserves to be allowed and selection and appointment of the respondent may be quashed by this Tribunal.
7. Heard all the counsels and have gone through the averments made by all the parties.
8. i) In this particular case, as a matter of fact and the record at Annexure R/2, the bout trails were made between Mr. Ajay Malik (applicant - 86 kg) and Mr. Parteek Pandey (respondent no.4 - 92 kg) and the result sheet had indicated following result :-
S.No. Name Skill Match Total 1. Prateek Pandey 35/40 40/40 75/80 (Respondent no.4) 2. Ajay Malik 30/40 0/40 30/80 (Applicant)
It clearly shows that the match was conducted between two uneven weight groups.
ii) On the question of as to why the objection was not raised at the time of bout. It is clear that the same was arranged on a particular date. It is amply clear from the documents submitted by the respondents that first of all there was no information regarding grouping before the bout and no opportunity was given to raise the objection, if any, to any of the candidates. In view of the lack of this Digitally signed by Satyanarayana Satyan Vanapalli DN: C=IN, O=GOVERNMENT OF INDIA, OU=CENTRAL ADMINISTRATIVE TRIBUNAL, Phone= arayana 6f592c8349948910e1de6c2931b0ba c4a9bb734425eb6ffc8a5e181f034b2 b77, PostalCode=342006, S= RAJASTHAN, SERIALNUMBER= Vanapa 053f205c047576d405aa21e40b02de 09453dd2ea8a478f74d402fb5b47c8 8e59, CN=Satyanarayana Vanapalli Reason: I am the author of this document lli Location:
Date: 2025.07.31 13:16:10+05'30' Foxit PDF Reader Version: 2025.1.0 9 information, it is clear that there was no time given to the participants to raise the objection, if any.
iii) Further, the bout between two uneven weight groups is bound to give preference to a person who has an advantage of weight. Once the short-listing has been done the only criteria was the result of the bout. It is amply clear from the record that the conditions were not same/similar for the two contestants to be declared winner.
9. In view of the aforesaid, the OA filed in this case is allowed and the Tribunal sets aside the bout conducted for selection under 86 kg weight with the direction to the respondents to re-organize the same for the applicant within the same weight range and consider his candidature, if he is found eligible as per the criteria in this trial. The entire exercise be completed within a period of three months from the date of receipt of a certified copy of this order.
10. With the aforesaid directions, the OA is allowed. No order as to costs.
(ANJALI BHAWRA) (RAMESH SINGH THAKUR)
Member (A) Member (J)
/sv/
Digitally signed by Satyanarayana
Satyan Vanapalli
DN: C=IN, O=GOVERNMENT OF
INDIA, OU=CENTRAL
ADMINISTRATIVE TRIBUNAL,
Phone=
arayana 6f592c8349948910e1de6c2931b0ba c4a9bb734425eb6ffc8a5e181f034b2 b77, PostalCode=342006, S= RAJASTHAN, SERIALNUMBER= Vanapa 053f205c047576d405aa21e40b02de 09453dd2ea8a478f74d402fb5b47c8 8e59, CN=Satyanarayana Vanapalli Reason: I am the author of this document lli Location:
Date: 2025.07.31 13:16:10+05'30' Foxit PDF Reader Version: 2025.1.0