Central Administrative Tribunal - Kolkata
M Seyed Meeran vs Sports on 17 October, 2023
os | | 1 OA 1087/2023/AN, OA 1088/2023/AN-
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
' KOLKATA |
(THROUGH AUDIO/VIDEO CONFERENCING)
_ DATE OF HEARING: 05.10.2023
DATE OF JUDGMENT: {#0 2223
Coram: » Hon'ble Mr. Jdayesh V. Bhairavia, Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
In the matter of:
\2\ 0.A.351/01087/2023/AN
Shri M. Seyed Meeren, aged about 36 years, son of Shri S. M.
Abdul Kader, Resident of Haddo, Port Blair Tehsil, South
Andaman District, Mobile No. 9476073786, Email I'd -
[email protected]
0.A. 351/01088 /2023/AN
Shri Abdul. Khalid, aged about 36 years, son of Late Abdul
Rahim, Resident of Phoenix Bay, Port Blair Tehsil, South |
Andaman District, Mobile . No. 9434290640, Email J'd -
[email protected] .
...Applica its
VS,
'1. Union of India,. service through the Secretary, Govt. of Irdia,--
Ministry of Home Affairs, North Block, New Delhi-110001.
2. Union of India, Service through the Secretary, Ministry of Youth
Affairs & Sports, Department of Sports, Govt. of India, Shastri
Bhawan, New Delhi-110001.
3. The Lieutenant Governor, Andaman and Nicobar Islands, Raj
Niwas, Port Blair-744101.
4. The Chief Secretary (President), Andaman and Nicobar State
Sports Council, Andaman and _ Nicobar Administration
Secretariat, Port Blair- 744101.
2 OA 1087/2023/AN, OA 1088/2023/AN
5. The Secretary (Sports), General Secretary of Andaman and
Nicobar State Sports Council, Andaman and _ Nicobar
Administration Secretariat, Port Blair-744101.
6. The Director of Sports and Youth Affairs (Joint Secretary),
Andaman and Nicobar State Sports Council, Netaji Stadium, Port
Blair-744101.
7. The Director of Education, Andaman and Nicobar
Administration, VIP Road, Port Blair-744101.
steers Respondents
For The Applicant(s): Mr. G, B. Kumar, Counsel
For The Respondent(s): Mr. D. Chowdhury, Counsel
ORDER
Per: Hon'ble Suchitto Kumar Das, Administrative Member Due to parity in the nature of grievance and facts pleaded, 0A/351/01087/2023/AN and 0A/351/01088/2023/AN are being heard out analogously, upon due notice, to be disposed of by this common order, with consent of all the sides. ,
2. The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
"4, (i) An order be passed to delete the name of the applicant in provisional ineligible list dated 07.07.2023, list dated 21.07.2023 and the final ineligible list dated 02.08.2023 issued by the respondent no. 7 whereby the applicant was held ineligible on the score of overaged. Andaman and Nicobar State Sports Council not covered under the circular dated 06.06.2001 and all subsequent order/orders issued on the basis of the said list/lists.
(ii) An order be passed directing the respondent authorities, more particularly the respondent no. 7 to accord necessary age relaxation to the applicant in terms of the circular dated 19.09.2011 and circular dated 20.10.2022 issued by the Andaman & Nicobar Administration for consideration of the case of the applicant to the post of Physical Education Teacher in terms of the vacancy
3 OA 1087/2023/AN, OA 1088/2023/AN notice dated 10.05.2023 by including the name of the applicant in the eligible list.
B. An order be passed directing the respondents authorities to transmit the original records of the case before this Hon'ble Court, so that after perusing the same conscionable justice may be rendered to the applicant.
C. Any other relief or reliefs, order or orders, direction or directions as your Honour deem fit and proper."
3. For the sake of brevity, the facts of OA/351/01087/2023/AN (M. Seyed Meeran) is being delineated and discussed hereunder :
4.1 On 10.05.2023, a paper publication was made by the respondent no. 7 \ whereby vacancy for the posts of Post-Graduation teachers were notified including 23 number of post of Physical Education Teacher (13 General, 8 OBC and 2 EWS) were notified. By the said vacancy notice, age relaxation was given in terms of the Circular dated 19.09.2011 and Circular dated 20.10.2022 issued by the Andaman & Nicobar Administration. The applicant submitted his application for the post of Physical Education Teacher.
4.2. On 07.07.2023, a provisional mark statement with remarks in response to vacancy notice dated 10.05.2023 was issued. The name of the applicant appeared at sl. no. 15 of the list of ineligible candidates with the remarks that the applicant is overaged, the Andaman and Nicobar State Sports Council is not covered under the Circular dated 06.06.2001.
4.3 Being aggrieved and dissatisfied with the said list, the applicant submitted a detailed representation before the respondent no. 7 wherein he narrated the entire fact and requested the respondent no. 7 to look into the matter and to consider his candidature for the post of Physical Education Teacher.
4 OA 1087/2023/AN, OA 1088/2023/AN 44 On 21.07.2023, a list was published and the claim of the applicant was rejected by the respondent no. 7 on the same score. On the ground that Andaman and Nicobar State Sports Council is not covered by the notification dated 19.09.2011 as it is an autonomous body and not a department of the Government. Respondent no. 7, on 02.08.2023, once again published the ineligible list for the post of Physical Education Teacher and once again the name of the applicant appeared at sl. no. 24 of the said list along with the reasons. Hence, this OA.
5.1 Learned Counsel for the applicants submits that the Andaman and 7 Nicobar State Sports Council for the union territory of Andaman and Nicobar Islands was constituted for promotion of sports and games in the year 1966 as per the guidelines conveyed by the Government of India vide letter dated 16.09.1955. Andaman and Nicobar State Sports Council is a registered body under the Societies Registration Act, 1860. It received grant-in-aid from the Directorate of Sports and Youth Affairs, Andaman and _ Nicobar Administration. The official and staff of Directorate of Sports and Youth Affairs are engaged in dealing with matters of Andaman and Nicobar State Sports Council. It was constituted by the Hon'ble Lt. Governor, Andaman and Nicobar Islands. Andaman and Nicobar Administration has completed control over the affairs of the said sports council and its expenditure is funded by the Government.
5.2 Learned Counsel for the applicants further submits that the said sports council is not a private body. The affairs of the said sports council is under the immediate control of the Directorate of Sports and Youth Affairs. Since the 5 OA 1087/2023/AN, OA 1088/2023/AN Andaman and Nicobar State Sports Council comes under the Directorate of Sports and Youth Affairs, it is a wing of the Andaman and Nicobar Administration and as such the service rendered by the applicants under the Andaman and Nicobar State Sports Council is covered under the Circular dated 19.09.2011.
6.1 Per contra, Learned Counsel for the respondents, relying on the reply filed by the respondents, submits that the Andaman and Nicobar State Sports Council is a Society, registered under the Societies Registration Act. Since the Council is an autonomous body, its preamble and working does not fall within / the jurisdiction of the Andaman & Nicobar Administration. The applicant herein was initially engaged as Coach (Football) on purely contract basis by the Andaman & Nicobar State Sports Council for a period of 11 months and continued by fresh engagements every time with intermittent breaks. The maximum age prescribed for the post of Physical Education Teacher under General category is 30 years. However, the age of the applicant as on the date of the submission of application form was calculated as 36 years 9 months and 8 days. The applicant has claimed age relaxation for his service on contract basis in Andaman and Nicobar State Sports Council, Port Blair under Administration's Circular dated 19.09.2011.
6.2 Learned Counsel for the respondents further submits that the age relaxation accorded as per this circular is admissible only for those engaged on Contract/Adhoc/DRM/SSCT in any Department under Andaman and Nicobar Administration. Andaman and Nicobar State Sports Council is an autonomous body and not a department under Andaman and Nicobar 6 OA 1087/2023/AN, OA 1088/2023/AN Administration. Thus, the candidate has not been allowed age relaxation as per aforesaid circular of Andaman and Nicobar Administration. He further submits that even if, the case of the applicant for age relaxation is considered under Administrations' order no. 2758 dated 20.10.2022 for a period of two years as granted by the Hon'ble Lt. Governor, A & N Islands and under the policy of relaxation granted to OBC candidates for additional 3 years over 30 years, the candidate exceeds the age limit by 1 year, 9 months and 8 days.
6.3. Learned Counsel for the respondents further submits that the experience certificates produced by the applicant are not countersigned by the concerned Zonal Officer, that is in contravention of the provision of the vacancy notice at clause no.-IV(7), which stipulates that experience certificates should be countersigned by the DEO/AEO/Zonal Officer of Education Department. Therefore, the experience certificate produced by the applicant cannot be considered either for age relaxation or for weightage of marks.
6.4 Learned Counsel for the respondents argues that the petitioner herein has no vested right to claim for inclusion of his name in the provisional select list. In terms of the recruitment for the post under challenge, the petitioner is an unsuccessful candidate and hence he is precluded from challenging any part of the selection process on the principal of estoppels. Since the applicant had participated in the selection process without any demur or protest, he is not entitled to challenge any part of the selection process after having been declared unsuccessful. The Hon'ble Supreme Court of India has held that candidates, having taken part in the selection process without any demur 7 OA 1087/2023/AN, OA 1088/2023/AN or protest, cannot challenge the same after having been declared unsuccessful. Simply because the result of the selection process is not palatable to the candidate, he cannot turn around to counter the selection process. The settled rule position is thus not in favour of the petitioner.
7. Heard both sides at length. Perused materials on record.
7.1. In the instant OAs, the applicants have challenged the decision of the respondent no. 7 not to grant them relaxation in age in terms of the provision of Andaman and Nicobar Administration Circular no. 45/1998-PW dated 19.09.2011 on the ground that Andaman and Nicobar State Sports Council is not covered under the provisions of this circular and a candidate who worked as a contractual employee in Andaman & Nicobar State Sports Council is not entitled to age relaxation under the provision of Circular dated 19.09.2011.
Relevant parts of the circular dated 19.09.2011 is quoted below :-
"It has therefore been decided that ail "such -- candidates (SSCT/Adhoc/Contract/DRMs) would be eligible to be considered for age relaxation subject to the actual period spent as SSCT/Adhoc/Contract/DRMs for working in the department to which they are applying. In the case of DRMs/Adhoc/Contractual workers the total period spent in each of the Department of this Administration shall be counted irrespective of the department where they are applying for regular appointment, provided the post is general in nature and it doesn't require any specific technical qualification."
7.2 This circular specifically states that the age relaxation will be available only to those contractual employees who are engaged in a Department of the Andaman and Nicobar Administration. Andaman and Nicobar State Sports Council is an autonomous boy which is only partly funded by the Government. Other sources of its funds are Affiliation fees, capitation fees and Donation. A department of the Government cannot be funded by donations or capitation fees. Also the Council has, as its members, among others, Sports persons of "gs " 8 OA 1087/2023/AN, OA 1088/2023/AN national and international repute who may not be government employees. A government department necessarily has only government employees serving it.
7.3. Weare, therefore, inclined to agree with the submissions of the Learned Counsel for the respondents that Andaman and Nicobar State Sports Council cannot be considered as a department and hence the candidates engaged on contract basis by the Council is not eligible for age relaxation in terms of the provisions of Circular no. 45/1998-PW dated 19.09.2011.
8. OAs stand dismissed being devoid of merit. No costs.
4 a (Suen Fema Das) (Jayesh V. Bhairavia) Administrative Member Judicial Member sl