Central Administrative Tribunal - Delhi
Tasvir Singh vs Commissioner Of Police on 14 January, 2013
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.19/2012 Monday, this the 14th day of January 2013 Honble Shri George Paracken, Member (J) Honble Shri Shekhar Agarwal, Member (A) Tasvir Singh, S/o Shri Dharam Singh, R/o VPO Kanonda, Tehsil Bahadur Garh, Distt. Jhajaar, Haryana ..Applicant (By Advocate: Ms. Amita Kalkal Chaudhary for Shri Naresh Kaushik) Versus 1. Commissioner of Police, Delhi Police, Police HQ, IP Estate, New Delhi 110002. 2. The Dy. Commissioner of Police, IV BN, DAP, Delhi. ..Respondents (By Advocate: Shri N K Singh for Ms. Avnish Ahlawat) O R D E R (ORAL)
Shri G George Paracken:
This is the second round of litigation by the applicant. The brief facts in this case are that in pursuance to an advertisement published in the newspaper in the year 2006 inviting applications for the post of Constable (Executive) Male in Delhi Police, the applicant applied for the same. The applicant participated in 43rd National School Games 1997 in the sports of Hockey, representing the state of Haryana, held at Delhi and a certificate to that effect was issued by Director of Education of NCT of Delhi. The Annexure P-5 copy of the certificate issued to him is as under:-
43rd NATIONAL SCHOOL GAMES-1997 DIRECTORATE OF EDUCATION GOVT. OF N.C.T. OF DELHI 23rd to 28th Dec. 1997 UNDER THE AUSPICES OF SCHOOL GAMES FEDERATION OF INDIA Hockey (U-17), Kabaddi, Kho-Kho (U-19), C.K. Nayudu Cricket Tournament (U-19), Wrestling & Judo (U-19, U-17, U-14) (EMBLEM OF THE GAMES) Awarded to Tasvir Singh_________________ Son/Daughter of Dharm Singh________________ Date of Birth 21.09.1981__________________ Representing the State/UT of Haryana____________ As player/official name Hockey (U-17)___________ SATPAL B.D. GANDHI Dr.(Smt.) Satbir Silas Organising Secretary & Hony. Gen. Secy/SGA Director of Education Dy. Director of Education(Sports)
2. He was also given a certificate of meritorious sportsman for employment to Group C and D services under the Central Government issued by the State Association of Haryana in the game of Hockey. The said certificate reads as under:-
FORM 2 (For representing a State in India in a National Competition in one of the recognized Games/Sports) STATE ASSOCIATION OF _HARYANA_ IN THE GAME OF _HOCKEY_ Certificate to meritorious sportsman for employment to Groups C and D Services under the Central Government Certified that Shri/Smt./Kumari Tasvir Singh son/wife/daughter of Shri Dharam Singh resident of ______________________(complete address) represented the State of _Haryana_ in the game/event of _Hockey_ in the National Competition/Tournament held at _Delhi_ from _23/12/97_to 28/12/97_.
The position obtained by the individual/team in the above said Competition/Tournament was __xxx___.
The Certificate is being given on the basis of record available in the Office of the State Association of _Haryana_.
Place________ Signature ______ Date ________ Name ______ Designation______ Name of the State Association _________________ Address __________ Sd/- 28/3/08
3. He applied for the aforesaid post availing age relaxation as provided in the eligibility conditions, under the National Sportsman quota on the basis of the Sports certificate produced by him to the effect that he represented Haryana State in Hockey in under 17 years category and underwent the prescribed physical endurance, measurement and written tests.
4. On 13.3.2008 the respondent No.2 directed the applicant to report in Recruitment Cell 4th Bn, DAP, Barrack No.3, New Delhi Police Lines, Kingsway Camp, Delhi-110009 in connection with his sports certificates on 31.3.2008 with respect of recruitment-2006. Accordingly, necessary verification was carried out. Since no appointment letter was issued by respondent even after a lapse of one year, the applicant moved an application dated 13.4.2009 under the Right to Information to know the status of his application for recruitment of Constable (Executive) Male, Delhi Police 2006. Thereafter, he filed CWP No.8817/2009 before the High Court of Delhi seeking a Mandamus directing the respondents to grant him age relaxation as per the prescribed norms and offer him appointment. The said Writ Petition was transferred to this Tribunal and got registered as TA 1320/2009. This Tribunal, vide its order dated 2.6.2009 dismissed the TA on the ground that the applicant was not entitled to age relaxation as the School National Games cannot be equated with a state meet where persons selected by the State represented it in National or International Level. The applicant challenged the aforesaid order before the Honble High Court vide WP(C) No.9984 relying upon the two Office Memoranda issued by the Department of Personnel & Training vide OM No. 14/1/72-Estt(D) dated 28.12.1972 and the OM No.15012/3/84-Estt.(D) dated 12.11.1987. In the eligibility clause of OM dated 28.12.1972 Sports men who have represented the State Schools Team in the National Sports/Games for schools conducted by the All India School Games Federation in any of the games/sports were also for recruitment under meritorious sportsmen category. The eligibility prescribed in the said OM is as under:-
1. Eligibility Appointments under these orders can be made of sportsmen considered meritorious with reference to the following criteria :-
i. Sportsmen who have represented a State or the Country in the National or International competition in any of the games/sports mentioned in the list at Annexure A.
ii. Sportsmen, who have represented their University in the inter-University Tournaments conducted by the Inter-University Sports Board in any of the sports/games shown in the list at Annexure-A;
iii. Sportsmen who have represented the State Schools Team in the National Sports/Games for schools conducted by All India School Games Federation in any of the games/sports shown in the list at Annexure-A.
iv. Sportsmen who have been awarded National Awards in Physical Efficiency under the National Physical Efficiency Drive.
No such appointments can be made unless, the candidate is, in all respects, eligible for appointment to the post applied for, and in particular in regard to age, education or experience, qualification prescribed under the Recruitment Rules applicable to the post, except to the extent to which relaxation thereof have been permitted in respect of class/category of persons to which the applicant belongs. The DOP&T further relaxed upper age limit etc. for meritorious sportsmen vide OM No.15012/3/84/Estt.(D) dated 12.11.83 and it is extracted as under:-
No.15012/3/84-Estt.(D) Government of India Ministry of Personnel, P.G. & Pensions (Department of Personnel & Training) Dated 12-11-87 OFFICE MEMORANDUM Sub: Relaxation of upper age limit for meritorious sportsmen/sportsmen for appointment in the Central Government.
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The undersigned is directed to say that orders were issued for appointment of meritorious sportsmen/sportswomen in Group C and D posts in relaxation of the recruitment procedure vide this Departments O.M. Nos. 14015/1/76-Estt.(D) dated 4th August, 1980 and 14034/7/85-Estt.(D) dated 18th September, 1985 (copies enclosed). The question of giving further concessions to this category has been engaging the attention of the Government for some time past. In particular, a proposal to extend the concession of age relaxation for entry of the sportspersons into Government service has been under consideration.
2. The matter has been carefully considered in consultation with the UPSC, the Ministry of Law/and the Department of Yourth Affairs and Sports. It has now been decided that the categories of sportsmen/sportswomen specified in para (a) of this Departments O.M. dated 4.8.1980 may be allowed relaxation in upper age limit upto a maximum of 5 years (10 years in the case of those belonging to Scheduled Castes and Scheduled Tribes) for the purpose of appointment to all Group of civil posts in services under the Govt. of India filled otherwise than through competitive examinations conducted by the UPSC. This concession will be available only to those sportspersons who satisfy all other eligibility conditions relating to educational qualifications etc. and furnish a certificate in the form and from an authority prescribed in the O.M. dated 4th August 1980. Sub-para (b) of paragraph 1 of this O.M. would be deemed to have been amended to this extent.
Sd/-
(K.S.R. Krishna Rao) Deputy Secretary to the Govt. of India
5. The High Court, vide order dated 10.7.2009, in WP(C) No.9984 of 2009 directed the applicant herein to approach this Tribunal by way of review petition in view of the aforesaid O.M. No.15012/3/84-Estt.(D) dated 28.12.1972. Thereafter, this Tribunal allowed the RA No.180/2009 vide order dated 18/2/2010 but again dismissed the TA 1320/2009 (supra) vide order dated 10.3.2010. The applicant again approached the High Court challenging the aforesaid order of this Tribunal dated 10.03.2010 vide CWP No.5589/2010. In the said Writ Petition, the School Games Federation of India has also been got implemented and in view of their affidavit the High Court disposed of the Writ Petition directing the respondents to re-decide the issue of entitlement of age relaxation of the petition. The said judgment is reproduced as under:-
1. A short issue arose for consideration and unfortunately nobody focused on the primary data to be gathered and this is the result why petitioner lost the battle which he is fighting with the respondents; the loss being before the Central Administrative Tribunal.
2. The petitioner sought employment. Issue relates to whether petitioner was entitled to 5 years age relaxation on account of being a sportsman having represented his State at the National School Games.
3. Neither party is in disagreement on the fact that if it was established that the petitioner had represented his State at a National Level Sporting event, he would be entitled to five year age relaxation.
4. To claim benefit of age relaxation the petitioner relied upon a certificate issued with respect to the discipline Hockey at the 43rd National School Games, 1997. It may be noted that the 43rd National School Games were held under the auspices of the School Games Federation of India and the Directorate of Education, Government of Delhi was a co-host.
Vide impugned decision dated 10.03.2010, the Tribunal has held that the certificate in question was insufficient to give desired relief to the petitioner and for which purposes the Tribunal was influenced by the fact that it was not evidenced from the certificate that the reference to the State referred therein was a reference to representing the State team.
6. We had impleaded the National School Games Federation of India as respondent No.3 and had directed an affidavit to be filed, clarifying on the certificate relied upon by the petitioner.
7. Under signatures of Sh. Ramphal, a member of the School Games Federation of India, necessary affidavit has been filed throwing light upon the certificate relied upon by the petitioner. In para 4 of the affidavit we are informed as under:-
4. That the role of the Respondent No.3, who was the then Organizing Secretary and Deputy Director of Education (Sports) and now the President of School Games Federation of India was limited to issuance of the said certificate to the petitioner for representing the State of Haryana in the official game of hockey, at the 43rd National School Games, 1997, organized by the Directorate of Education, Govt. of NCT, Delhi. Equating the National School Games with the State Level Events or not, is entirely upon the department to whom the said certificate is presented as different departments have different recruitment rules and guidelines and they treat the said certificate according to their recruitment rules and guidelines. For instance, earlier the Delhi Police and Railways considered the said National School Games as State Level Events for the purpose of recruitment, but now they refuse to recognize the same for the reasons best known to them; while the Delhi Administration still considers the said National School Games as State Level Events for the purpose of recruitment and all the concession to this effect are being extended to the eligible candidates.
8. Suffice would it be to state that as per the affidavit filed by the School Games Federation of India, the certificate issued to the petitioner is equating the National School Games with State level events and certifies that the petitioner represented the State of Haryana at the National School Level event pertaining to the subject of Hockey at the 43rd National School Games, 1997.
9. We note that the relevant notification enabling age relaxation reads as under:-
Relaxable by 5 years for sportsmen of distinction who have represented the state or the country at the National or International Level in sports and athletics. List of sports is given below:-
10. Given below is the list of sports/games being 19 Hockey being one of them.
11. Suffice would it be to state that the benefit of age relaxation is not restricted to State representation at any particular level. Now representation could be at the school level, college level or otherwise. The notification requires that the representation must be for the State.
12. Noting as aforesaid, we dispose of the writ petition issuing a direction to the Commissioner of Police to re-decide the issue of petitioners entitlement of age relaxation and while so doing the affidavit filed on behalf of the School Games Federation of India, relevant part hereof being para 4, has been extracted by us hereinabove.
13. Needful would be done within four weeks from today. of age Consequences shall ensure if petitioner is found entitled to be granted benefit relaxation but that would not include backwages.
6. However, the respondents again rejected the case of the applicant vide impugned order dated 11.04.2011 and the same reproduced as under:-
ORDER Delhi Police had conducted recruitment of Sub-Inspector (Exe.) Male in 2009 (Phase-I). In the advertisement published in Employment News dated 17.01.2009, there was provision for age relaxation, upto 5 years for SC/ST, 3 years for OBC, upto 40 years for Ex-serviceman and departmental candidates and 5 years for sports persons who had represented the State/Nation on National and International levels in the following games:
Athletics Swimming Shooting Boxing Canoeing Cycling Wrestling Gymnastics Judo Rowing Weightlifting Fencing Karate Equestrian Archery Table Tennis Tennis Badminton Diving Triathlon Volleyball Water Polo Netball Kho-kho Basketball Football Kabaddi Handball Hockey Cricket Golf Power Lifting Candidate Tasvir Singh applied for the above post under open General category and sought age relaxation under sportsman category and produced sports certificate which mentioned that he had represented Haryana State in Hockey in 43rd National School Games, 1997 organized by Directorate of Education, Govt. of Delhi. He was not allowed to appear in the PE & MT as in the sports certificate produced by him, it was mentioned that he had represented Haryana State in Hockey under 17 years.
Prior to this he had also appeared for the post of Const. (Exe.) Male in Delhi Police Recruitment 2006, he was provisionally selected and his candidature was cancelled as the same sports certificate produced by him was not found valid.
Aggrieved candidate Tasvir Singh filed CWP No. 8817/2009 titled as Tasvir Singh Vs. C.P./Delhi & Ors. which was transferred by the Honble High Court of Delhi to the tribunal vide TA No. 1320/2009 which was dismissed by the Honble CAT vide its judgment dated 02.06.2009. Thereafter, he filed RA which was also dismissed by the Honble Tribunal vide judgment dated 10.03.2010. Aggrieved he again filed CWP No. 5589/2010 which was disposed of by the Honble High Court of Delhi vide judgment dated 26.11.2010 with the directions to the Commissioner of Police to re-decide the issue of petitioners entitlement of age relaxation and while so doing, the affidavit filed on behalf of the School Games Federation of India, relevant part of para 4 shall be kept in view. Relevant part of para 4 of the affidavit filed by the School Games Federation of India is reproduced as under :
Equating the National School Games with the State Level Events or not, is entirely upon the department to whom the said certificate is presented as different departments have different recruitment rules and guidelines and they treat the said certificate according to their recruitment rules and guide lines. For instance, earlier the Delhi Police and Railways considered the said National School Games as State Level Events for the purpose of recruitment, but they refuse to recognize the same for the reasons best known to them. As per the direction of Honble High Court of Delhi, the matter has been reconsidered and the claim for age relaxation of candidate Tasvir Singh is not found on merits in the Sports Certificate submitted by him as the State does not refer to the State Schools Team but to the State Team. If he has represented the Delhi State at the national level, his case would have come within the category of State Team and he could avail of the benefit. If he has represented the state at the school level, then this is not included in the S.O. No. 321/2009 and no benefit can be given for the same.
In view of the facts above no benefit can be given to candidate Tasvir Singh on sports basis.
Sd/-
(ISHWAR SINGH) DY.COMMISSIONER OF POLICE ESTABLISHMENT:DELHI Shri Tasvir Singh, S/o Shri Dharam Singh, R/o VPO-Kanonda, The.-Bahadurgarh, District-Jhajjar, Haryana No.2029-30/Rect. Cell (AC-II)/PHQ, dated Delhi, the 11/4/2011 Copy to ACP/Rectt. Cell, NPL, Delhi for information & necessary action.
7. Meanwhile, in the year 2007, the respondents invited applications for the post of Sub Inspector (Executive) Male in Delhi Police. The applicant applied for the said post also seeking age relaxation under sports quota. But he was not given the appointment as Sub Inspector (Executive) as he was not given the age relaxation, as in the case of his appointment for the post of Constable (Executive).
8. The respondents, in the year 2009, again invited applications to fill 400 posts of Sub Inspector (Executive) Male in Delhi Police and in response to it, the applicant again applied. He reported for PE & MT tests on 17.4.2009 at Police Training School, Delhi but he was not allowed to appear on the ground that he is not entitled for age relaxation for his participation in National School Games.
9. Being aggrieved by the aforesaid impugned order, the applicant has filed the present Original Application seeking the following reliefs:-
i) allow the present Original application;
ii) Set aside the order dated 11.4.2011 passed by the respondent;
iii) direct the respondents to grant benefit of age relaxation in the upper age limit as prescribed by the DOP&T office memorandum to the Applicant and direct all consequential benefits given of the applicants in terms of the aforesaid prayer;
iv) pass such other order or order are deemed fit and proper in the facts and circumstances of the case.
10. In this regard, he has relied upon the Standing Order No.321/2009 regarding selection of candidate for appointment in Delhi Police wherein it has been stated that up to a maximum 5 years for sportsman of distinction who have represented a State at the national level and the country at the internal level in sports can be released. The applicants contention is that since he had participated in the 43rd National School Games, 1997 organized by the Directorate of Education, Govt. of NCT of Delhi from 23rd to 28th December, 1997 under the auspices of School Games Federation of India, he is entitled to be considered for appointment as Sub Inspector (Executive) in Delhi Police after giving him age relaxation of five years.
11. The respondents have filed their counter reply and they have stated that as per Rule 7 of the Delhi Police (Appointment & Recruitment) Rules, 1980, the recruitment in Delhi Police to the post of Sub Inspector (Executive) is 50% by promotion and 50% by direct recruitment and the age prescribed is 20 25 years relaxable by 5 years for SC, ST and departmental candidates. The applicant applied for the aforesaid post under general category and an admit card was issued to him for appearing in the relevant tests. He produced certificate regarding participation from Haryana State in Hockey (Under-17) in 43rd National School Games, 1997 and on being found that he had not represented the Haryana State at the National level, it was declared that he does not come within the category of State team, as such he was not allowed to appear in the relevant tests.
12. However, as per the directions of the Honble High Court, the respondents have passed the impugned letter dated 11.04.2011 stating that the sports certificate submitted by him does not refer to the State Schools Team but to the State Team, and if he has been representing the Delhi State at the National level his case would have come within the category of State team and he would be granted the benefit of age relaxation. On the other hand, if he had represented the State at the school level then he is not entitled for the benefits in terms of SO 321/2009 and no benefit can be given to him.
13. In rejoinder, the applicant relied upon the Rule 5 (c) of the Delhi Police (Appointment & Recruitment) Rules, 1980 which stipulates that Appointments to the force shall be subject to the orders, issued by the Govt. of India from time to time regarding special representation in the service from Scheduled Castes, Scheduled Tribes, Ex-servicemen, outstanding sportsmen, departmental candidates, etc..
14. We have heard the submissions of the learned proxy counsel for the applicant, Ms. Anita Kalkal Choudhary as well as learned proxy counsel for the respondents, Shri N K Singh. Admittedly, as per SO 321/2009, for the sportsmen with distinction having represented the State at the National level age is relaxable upto maximum of 5 years. Again, admittedly, the applicant had participated in the 43rd National School Games, 1997 organized by the Directorate of Education, Government of NCT of Delhi. Therefore, the respondents cannot now say that a State does not refer to the States Schools Team but is only a State team, as what is relevant according to SO 321/2009 is that the participation of the candidate should be in the national level representing the State. In our considered view, the applicant has been representing the State in the National School Games, 1997. Therefore, we do not find any merit in the contention of the respondents that the sports certificate submitted by the applicant does not indicate State Schools Team.
15. In these circumstances, the present Original Application is allowed. Consequently, we set aside the order dated 11.04.2011 passed by the respondents and direct the respondents to grant benefit of age relaxation in the upper age limit as prescribed in SO No.321/2009 to the applicant and appoint his as Constable (Exe.) with all consequential benefits except back wages. In other words, the applicant is entitled to notional appointment and he shall be given all the benefits other than salary and allowances having been enjoyed by his batch mates of the recruitment year 2006. It is seen that the applicant has appeared for tests for appointment as Sub Inspector (Exe.) in the year 2007 and again in 2009. If he was denied appointment only for the same reason as in the case of his appointment as Constable (Exe.) and if he is otherwise qualified, he shall also be given appointment as Sub Inspector (Exe.) along with his batch mates for the year, 2007, with all consequential benefits except back wages. In case he did not qualify in the year 2007 but qualified in the year 2009, he shall be given appointment in the similar manner.
16. The aforesaid directions shall be complied with within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.
( Shekhar Agarwal ) ( G George Paracken )
Member (A) Member (J)
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