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In the Maharashtra Administrative Tribunal Mumbai Original Application No.988 of 2016

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In the Maharashtra Administrative Tribunal Mumbai Original Application No.988 of 2016 IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI ORIGINAL APPLICATION NO.988 OF 2016 DISTRICT : PUNE Shri Sharad Raosaheb Ghadge, ) Age 24 years, occ. Student, ) R/A: At and Post Inamgaon, Taluka Sirur, ) District Pune 412210 )..Applicant Versus 1. The Secretary, ) Maharashtra Public Service Commission, ) Bank of India, 3 rd floor, M.G. Marg, ) Hutatma Chowk, Fot, Mumbai-01 ) 2. Director, ) Sports and Youth Services, Balewadi Stadium, ) Baner, Pune ) 3. Shri Rahul Manoharrao Shinde, ) C/o Advocate S.S. Jadhav, Mantha Road, ) Plot No.28, Shakuntala Nagar, ) Near Dawat Hotel, Jalna (M.CI) 431203 )..Respondents Shri D.B. Khaire – Advocate for the Applicant Smt. K.S. Gaikwad – Presenting Officer for Respondents No.1 and 2 Shri P.S. Garad – Advocate for Respondent No.3 2 O.A. No.988 of 2016 CORAM : Shri Justice A.H. Joshi, Chairman Shri P.N. Dixit, Member (A) RESERVED ON : 2nd November, 2018 PRONOUNCED ON : 6th November, 2018 PER : Shri Justice A.H. Joshi, Chairman J U D G M E N T 1. Heard Shri D.B. Khaire, learned Advocate for the Applicant, Smt. K.S. Gaikwad, learned Presenting Officer for Respondents No.1 and 2 and Shri P.S. Garad, learned Advocate for Respondent No.3. 2. The applicant herein is a candidate who has participated in the process of selection of ‘B’ Group of Government of Maharashtra for the post of Range Forest Officer in Open Sports Category. The applicant’s eligibility on the basis of participation in the Sports Tournament done by him is invalidated. The applicant’s appeal against invalidation has been rejected. Therefore, the applicant has approached this Tribunal. 3. The order/communication of invalidation and the appellate order are respectively at Exhibit ‘Q’ dated 9.12.2015/18.12.2015 and Exhibit ‘R’ dated 7.6.2016 and those are at pages 92 and 93 of OA. Instead of describing the contents thereof it would be useful to quote the text thereof which reads as follows: “Exhibit – ‘A’ dz- [ksvk&0793@2015&16@3980@dk&15 dzhMk o ;qod lsok lapkyuky; egkjk”Vª jkT;] e/;orhZ bekjr] iq.ks&1 fnukad %& 9 fMlsacj] 2015 3 O.A. No.988 of 2016 izfr] ek-fo-j- iokj] voj lfpo] egkjk”Vª yksdlsok vk;ksx] cWWad vkWQ bafM;k bekjr] 3 jk etyk] egkRek xka/kh ekxZ] gqrkRek pkSd] QksVZ] eaqcbZ 400 001- fo”k;%& vRR;qPp xq.koRrk/kkjd [ksGkMwauk ‘kkldh;] fue’kkldh; o brj {ks=kr uksdjhlkBh vkj{k.k Bso.;kckcr Jh ‘kjn jkolkgsc ?kkMxs lanHkZ%& vkiys lacaf/kr mesnokjkl fnysys dz-163¼2½@2014@14&c fn-03-11-2015 ps i= egksn;] mijksDr lanfHkZ; i=klkscr izkIr [kkyhy mesnokjkP;k dzhMk fo”k;d dkexhjhps dzhMk izek.kk= iMrkG.khP;k dk;ZokfglkBh izkir >kysys vlwu lnj mesnokjkps dzhMk izek.ki=kP;k iMrkG.khP;k vuq”kaxkus vgoky [kkyhyizek.ks%& 1- [ksGkMw mesnokjkps uko Jh- ‘kjn jkolkgsc ?kkMxs 2- [ksG o [ksGckc dqLrh 3- Li/ksZps uko jkT;Lrj ‘kkys; dqLrh Li/kkZ 2007&8 4- Li/kkZ dkyko/kh fn - 28 rs 30 uksOgsacj] 2007 5- Li/ksZps fBdk.k okf'ke 6- [ksGkMwus dsysyh dzhMk fo”k;d dkexhjh ¼izkfo.;½ fOnrh; dzekad 7- [ksGkMwus lknj dsysY;k dzhMk fo”k;d izek.ki=kpk 57 dzekad 8- ‘kkys; f’k{k.k o dzhMk foHkkx ‘kklu fu.kZ; 1½ dz-jkdzh/kks&2002@iz-dz-68@dzh;qls&2 fn-30 ,fizy] 2005 o fn-21 tqu] 2006 2½ dz-jkdzh/kks&2002@iz-dz-68@dzh;qls&2 fn-18 uksOgsacj] 2006 3½ dz-ladzhvk&1006@¼iz-dz-182@06½@dzh;qls&2 fn-6 es] 2008 vUo;s dzhMk izek.ki=kph iMrkG.kh dsyh vlrk Jh ‘kjn jkolkgsc ?kkMxs gs mesnokj 5 VDds vkj{k.kkarxZr fdeku jk”Vªh; Li/ksZr izkfo.; izkIr dsysys ulY;kus rs xV c laoxkZrhy inkdjhrk fofgr dsysyh vgZrk iq.kZ djhr ukghr- R;kauk ;k vuq”kaxkus vihy djko;kps vlY;kl rs vk;qDr] dzhMk o ;qod lsok] egkjk”Vª jkT;] e/;orhZ bekjr] iq.ks ;sFks d: ‘kdrhy- ¼LFkGizr ek- lglapkyd ;kauh vuqeksfnr dsyh vkgs-½ vkiyk fo’oklw] lgk¸;d lapkyd] dzhMk o ;qod lsok] egkjk”Vª jkT;] iq.ks izr ekfgrhLro%& Jh ‘knj jkolkgsc ?kkMxs] eq-iks- bukexko rk- f’k:j ft- iq.ks 412 210-” (Quoted from page 92 of OA) 4 O.A. No.988 of 2016 “Exhibit – ‘R’ Mkd uksan iksp ikorh vk;qDr] dzhMk o ;qod lsok] egkjk”Vª jkT;] f’koN=irh dzhMkihB] egkGaqxs&ckysxkMh] iq.ks- dz- [ksvk&0793@15&16@3980@dk&15 dzhMk o ;qod lsok lapkyuky;] egkjk”Vª jkT;] iq.ks fnukad%& 7 tqu] 2016- lanHkZ%& 1½ ek- voj lpho] egkjk”Vª vk;ksx] eaqcbZ ;kaps i= dz-163¼2½@2014@14&c] fn- 3&11&2015- 2½ Jh- ‘kjn jkolkgsc ?kkMxs ;kpk fn-4@1@2015 pk viht vtZ egkjk"Vª ‘kklu fu.kZ; 25- ‘kkys; f’k{k.k o dzhMk foHkkx] dz-jkdzh/kks&2002@iz-dz-68@dzh;qls&2] fnukad 30 ,fizy] 2005] fnukad 21 tqu] 2006] fnukad 18 uksOgsacj] 2006 26- dzekad ladzhvk&1006@¼iz-dz-182@06½ dzh;qls&2] fnukad 06 es] 2008- 27- ‘kklu fu.kZ; dzekad dzhvlks&1908@¼iz-dz-394@08½dzh;qls&2] fnukad 21 vkWXkLV] 2008- 28- ‘kklu fu.kZ; dzekad ladh.kZ&3008@¼iz-dz-36@08½@dzh;qls&2] fnukad 07 es] 2013- 29- ‘kklu fu.kZ; dzekad&dzhLi/kkZ&2108@¼iz-dz-440@08½@dzh;qls&2] fnukad 20 LkIVsacj] 2013- 30- ‘kklu fu.kZ; dzekad &jkdzh/kks&2002@iz-dz-68@dzh;qls&2] fnukad 30 fMlsacj] 2013- vUo;s vfiy vfiykFkhZ%& JhJhJh-Jh --- ‘kjn jkolkgsc ?kkMxs] jk-eq-iks- bukexko] rk- f’k:j] ft- iq.ks&412 210- izfroknh%& lglapkydlglapkyd] dzhMk o ;wod lsok] egkjk”Vª jkT;] iq.ks- vfiykFkhZ ;kauh izfroknh ;kaps vkns’k dz-[ksvk&0793@2015&16@3980@dk&15@] 6868 fn- 18 fMlascj 2015 vUo;s vik= dsysys vkgs R;k fu.kZ;kps fojks/kkr R;kauh ‘kklu fu.kZ; fn-6 es 2008 vUo;s ek- vk;qDr ;kaps dMs fn-4@1@2015 jksth vkihy nk[ky dsysys vkgs- ‘kklu fu.kZ; fn-30 ,fizy] 2005 e/khy 4¼c½ e/khy xV&c inkP;k ik=rslkBh jk”Vªh; Li/ksZe/;s izkfo.;izkir dj.ks vko’;d vkgs v’kh rjrqn vkgs- vihykFkhZ ;kauh lnj dsysys izek.ki= gs jkT;lrj ‘kkys; lkbZ dqlrh Li/kkZ 2007 ps vkgs- vihykFkhZus lknj dsysys izek.ki= ojhy rjrqn iq.kZ djr ulY;kus [ksGkMw fuoMhps fno’kh vik= vkgs- rjh izfroknh ;kaps dz- [ksvk&0793@2015&13@3980@dk&15@] 6868 fn-18 fMlsacj 2015 ps i=kUo;s vik= vlk ?ks;kr vkysyk fu.kZ; dk;e Bso.;kr ;sr vkgs- R;keqGs lnjP;k vfiykckcr fu.kZ; iq<hyizek.ks- fu.kZ;%& 5 O.A. No.988 of 2016 999-9--- vihykFkhZ vikk= >kY;kpk iqohZpkp fu.kZ; dk;e Bso.;kBso.;krr ;sr vkgsvkgs---- 101010-10 --- lnj fu.kZ;kph izr lacaf/krkauk ns.;kr ;koh;koh---- vk;qDr dzhMk o ;qod lsok] egkjk”Vª jkT;] iq.ksiq.ks---- izr ekfgrhLro%& ekekek-ek --- voj lpho] egkjk”Vª yksdlsok vk;ksx] cWd vkWQ baMh;kbaMh;k bekjr] 3jk etyk] egkRek xak/kh ekxZ] gqrkRek pkSd] QksVZ] eaqcbZ&400 001001----” (Quoted from page 93 of OA) 4. The reasons assigned in the order of rejection is that the applicant’s participation done at the State Level Wrestling Tournament does not withstand the requirement prescribed in GRs referred therein. 5. The applicant has formulated challenge to the impugned decisions by his averments contained in sub-paras 17 & 18 of para 6 and grounds no.7.3 and 7.4 of OA. The text of these averments is quoted below for ready reference: “17. That the applicant submits that the applicant received a letter dated 9.12.2015 from the respondent no.2 from the respondent no.2 stating that the certificate issued to the applicant herein on 30.11.2007 was issued for School competition conducted by Sports Authority of India and hence the applicant herein was not eligible to avail the benefit of Government Resolution dated 6.5.2008. Further it is submitted that the Assistant Director, Sports and Youth Service, Maharashtra State, Pune has completely misconstrued the Government Resolution dated 6.5.2008 and has stated in its letter dated 9.12.2016 that the applicant herein was not eligible for the benefit of Government Resolution dated 6.5.2008 since he had not participated in National Level Competition. However, the Government Resolution dated 6.5.2008 clearly stated that reservation are made applicable for the 6 O.A. No.988 of 2016 sports men who had participated in Rural Competition and have been victorious at First, Second and Third positions at State or National Level Competition. Hence, it can be clearly observed that the Assistant Director, Sports and Youth Service, Maharashtra State, Pune had rejected verification of the certificate issued to the applicant herein without application of mind. 18. That being aggrieved by the rejection of verification of certificate issued to the applicant herein by the Sports Authority of India on 30.11.2007, by the Assistant Director, Sports and Youth Service, Maharashtra State, Pune by its letter dated 9.12.2016 the applicant preferred an appeal to Commissioner, Sports and Youth Service challenging the rejection of verification of certificate issued to the applicant herein by the Sports Authority of India on 30.11.2007. However, the Commissioner, Sports and Youth Service rejected the applicant’s appeal on 7.6.2016 filed for verification of the certificate issued to the applicant herein issued by the Sports Authority of India on 30.11.2007 stating that the applicant was not eligible since he had not participated in National Level Competition.
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