PETITIONER:
UMA SHANKAR SHARMA
Vs.
RESPONDENT:
THE UNION OF INDIA AND ORS.
DATE OF JUDGMENT17/04/1980
BENCH:
PATHAK, R.S.
BENCH:
PATHAK, R.S.
SARKARIA, RANJIT SINGH
CITATION:
1980 AIR 1457 1980 SCR (3) 730
1980 SCC (3) 202
ACT:
Termination of service-Condition of eligibility for
selection as Inspector of Central Excise viz., "should be a
sportsman who have represented the Universities in the Inter
University Tournament conducted by the Inter-University
Board"-Terms and conditions of service should be construed
reasonably.
HEADNOTE:
The appellant was selected for and appointed in a
temporary vacancy of Inspector of Central Excise, as he was
found to be a "sportsman who has represented the
Universities in the Inter University Tournament conducted by
the Inter-University Sports Board". He joined duty and
continued therein. On 30-4-1976 the Assistant Collector
(Head Quarters) Central Excise called for the original
sports certificate on the ground that only attested copies
were furnished by the appellant earlier. The appellant
furnished the original documents on 5-7-76. After a year, he
was directed to supply the details of the tournament at
which he had represented the University. On 27-2-78, the
appellant referred to the sports certificate dated 28th July
1975 issued by the Deputy Registrar of Mithila University,
Darbhanga. The appellant explained that he had qualified and
was selected, to represent the Mithila University in the
Inter-University Tournament to be held at the Banaras Hindu
University, Varanasi, in the year 1972 but that a serious
illness had intervened and prevented him from actually
participating in the tournament. He pointed out that this
had been made clear by him during the interview for
selection before the Appointments Committee and that as he
had been discharging his duties to the satisfaction of his
superior officers ever since December, 1975 and had, in
fact, captained the sports team on behalf of the Excise
Department at Calcutta for two years, he was astonished that
the question should be raised later. Another fourteen months
thereafter, on 16th June, 1979, the Assistant Collector
(Headquarters) made an order purporting to be under the
proviso to sub-rule (1) of Rule 5 of the Central Civil
Service (Temporary Service) Rules 1965, terminating the
services of the appellant. The appellant then applied for
relief under Article 226 of the Constitution to the High
Court against the order, but the High Court has summarily
dismissed the writ petition.
Allowing the appeal on special leave, the Court
^
HELD: The terms and conditions of service are intended
to be construed reasonably, and too technical a view can
defeat the essential spirit and intent embodied in them. The
intention was to appoint meritorious sportsmen to the posts,
and that object is served if a person who had qualified and
was selected for representing his university in an Inter-
University Tournament conducted by the Inter-University
Sports Board is appointed, notwithstanding that he was
actually prevented from participating because of reasons
beyond his control. [733 A-C]
In the instant case, the respondents have proceeded on
a technical view of the matter wholly unjustified by the
intent behind the condition of eligibility.
731
The condition required that the applicant should have been a
sportsman who had represented his university in an Inter-
University Tournament conducted by the Inter-University
Sports Board. The appellant did qualify, and was selected,
for representing the Mithila University in the Inter-
University Tournament at the Banaras Hindu University in the
year 1972. All that remained was that he should have
participated in the tournament. Unfortunately, for him, he
fell ill and was unable to do so. The fact that he fell ill,
and for that reason was unable to represent his university,
is not disputed. There is nothing to show that but for that
illness he would not have actually taken part in the
tournament. On a reasonable view of the facts the appellant
should be taken to have fulfilled the conditions of
eligibility. [732 G-H, 733 A]
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2994 of
1979.
Appeal by Special Leave from the Judgment and Decree
dated 11-7-1979 of the Patna High Court in Civil Writ
Petition No. 1936 of 1979.
Dr. Y. S. Chitale and P. P. Singh for the Appellant.
R. B. Datar and Miss A. Subhashini for the Respondent.
The Judgment of the Court was delivered by
PATHAK, J : This appeal by special leave is directed
against an order of the Patna High Court dismissing the
appellant’s writ petition against the termination of his
services.
The Collector of Central Excise & Customs, Patna,
invited, by an advertisement dated 30th July, 1975,
applications for filling up some posts of Inspector of
Central Excise. Among those eligible for selection were
“sportsmen who have represented the Universities in the
Inter-University Tournament conducted by the Inter-
University Sports Board.” The appellant, who was studying in
the M. A. (Political Science) in the Mithila University, was
one of the applicants and he was directed to appear for a
physical test and an interview. On 12th December, 1975 the
Collector of Central Excise and Customs issued a letter
informing the appellant that he had been selected for
appointment in a temporary vacancy of Inspector, and that he
would be on probation for a period of two years. The
appellant joined the post and continued therein. On 30th
April, 1976 he received a letter from the Assistant
Collector (Headquarters) Central Excise pointing out that he
had submitted attested copies only of the sports
certificates along with his application for appointment and
he was directed to submit the original certificates. The
appellant forwarded the original certificates. Nothing
happened for some time, and the appellant continued in the
post without any objection. It was almost a year later that
the Assistant Collector (Headquarters) wrote to the
appellant to supply details of the tournament at
732
which he had represented the University. On 27th February,
1978 the appellant referred to the Sports certificate date
28th July, 1975 issued by the Deputy Registrar of the L. N.
Mithila University, Darbhanga. The original certificate had
been sent by him to the Collector, along with the other
certificates on 5th May, 1976. The appellant explained that
he had qualified and was selected, to represent the Mithila
University in the Inter-University Tournament to be held at
Banaras Hindu University, Varanasi, in the year 1972 but
that a serious illness had intervened and prevented him from
actually participating in the tournament. He pointed out
that this had been made clear by him during the interview
for selection before the Appointments Committee and that as
he had been discharging his duties to the satisfaction of
his superior officers ever since December, 1975 and had, in
fact, captained the sports team on behalf of the Excise
Department at Calcutta for two years, he was astonished that
the question should be raised now. Another fourteen months
later, on 16th June, 1979, the Assistant Collector
(Headquarters) made an order, purporting to be under the
proviso to sub-rule (1) of Rule 5 of the Central Civil
Service (Temporary Service) Rules 1965, terminating the
services of the appellant. The appellant then applied for
relief under Article 226 of the Constitution to the High
Court against the order, but the High Court has summarily
dismissed the writ petition.
In this appeal, the appellant contends that he fulfiled
the conditions of eligibility and that there was no
justification for terminating his services.
The case of the respondents is that the appellant was
appointed under a mistake inasmuch as the condition of
eligibility required actual representation of a University
in an Inter-University Tournament conducted by the Inter-
University Sports Board and that, therefore, the appellant
was not entitled to any relief against the termination of
his services.
Having given the matter our careful consideration, it
seems to us that the respondents have proceeded on a
technical view of the matter wholly unjustified by the
intent behind the condition of eligibility. The condition
required that the applicant should have been a sportsman who
had represented his university in an Inter-University
Tournament conducted by the Inter-University Sports Board.
There is no dispute before us that the appellant did
qualify, and was selected, for representing the Mithila
University in the Inter-University Tournament at the Banaras
Hindu University in the year 1972. All that remained was
that he should have participated in the tournament.
Unfortunately, for him, he fell ill and was unable to do so.
The fact that he fell ill,
733
and for that reason was unable to represent his university,
is not disputed. There is nothing to show that but for that
illness he would not have actually taken part in the
tournament. It seems to us that on a reasonable view of the
facts the appellant should be taken to have fulfilled the
condition of eligibility. The terms and conditions of
service are intended to be construed reasonably, and too
technical a view can defeat the essential spirit and intent
embodied in them. The intention was to appoint meritorious
sportsmen to the posts, and that object is served if a
person who had qualified and was selected for representing
his university in an Inter-University Tournament conducted
by the Inter-University Sports Board is appointed,
notwithstanding that he was actually prevented from
participating because of reasons beyond his control.
We have no doubt that on the interpretation which has
found favour with us the appellant will be entitled to a
certificate of eligibility, a requirement postulated by the
terms of his appointment.
The appeal is allowed, the order dated 16th June, 1979
made by the Assistant Collector (Headquarters) is quashed
and the respondents are directed to treat the appellant as
continuing in service. The appellant is entitled to his
costs throughout.
S.R. Appeal allowed.
734