ORDER
P. Shanmugam, Vice Chairman
1. The applicant, a candidate for selection to the post of Lower Division Clerk has prayed for the following reliefs:
To call for the records of the respondent with No. A:34014/3/2000-DPAR (Exam.) dated 1.10.2002 and to quash the same and consequently to direct the respondent to give appointment orders and to appoint the applicant to post of ‘ L.D.C. on the basis of the select list for the post of LDC under the meritorious persons quota with retrospective effect from the date on which the other candidates were selected with all other consequential benefits of seniority back wages etc., and to pass such other or further orders in the interest of justice and thus render justice.
2. The facts of the case are as follows: The applicant is meritorious sports person having participated in State National Level and International Level Sports. The applicant finally represented the India in the First Asian Junior Kabaddi Championship 2000. The following are the meritorious events in which the applicant had participated and won the awards.
1. Sub-Junior National Kabaddi Championship-1997 1st placed
2. Sub-Junior National Kabaddi Championship-1998 2nd placed
3. Junior National Kabaddi Championship-1999 1st placed
4. Junior National Kabaddi Championship-2000 3rd placed
5. 1st Asian Junior Kabaddi Championship-Meritorious certificate 2000
The applicant was given a cash award of Rs. 2,50,000 for the meritorious performance in the first Asian Junior Kabaddi Championship, 2000. The Pondicherry Govt. offered Rs. 1.25 lakhs cash award though the said amount is yet to be received.
3. On 7.9.2000, the Govt. of Pondicherry issued a memorandum to the applicant directing him to report at the office of the Under Secretary to the Govt. on 15.9.2000 along with the certificates for sports etc., for considering him for the post of Lower Division Clerk in the meritorious sports persons quota. The applicant reported to the respondents with all the original certificates and other required form. The applicant was ranked as first candidate in the select list for the post of Lower Division Clerk under sports persons quota. While so, the applicant was surprised to receive a memorandum dated 26.9.2000 stating that he had not produced the Form I certificate and that his age as on 21.1.2000 at the time of participating in the First Asian Junior Kabaddi Championship, 2000 was above the age limit and sought clarification. The applicant submitted the documents and requested the respondents to issue the appointment order. According to the applicant instead of appreciating the meritorious performance and award won by the applicant the respondents issued the impugned order dated 1.10.2002 rejecting his claim for appointment to the post of L.D.C. and cancelled the selection. The O.A. is filed against this order.
4. The respondents have filed a reply statement. According to them in order to fill up 13 vacancies to the post of LDC reserved for meritorious sports person quota, the department called for applications from eligible sports person as per the notification dated 6.8.1999. In response to this 596 applications were received from all the four regions of this Union Territory of Pondicherry. After scrutiny, 323 applicants were found eligible as meritorious sports person. They were placed in the order of preference as prescribed in O.M. dated 4.8.1995. The recruitment committee under the Chairmanship of the Chief Secretary to Govt. selected 13 candidates as per the notification dated 6.9.2000, The applicant furnished two certificates namely First Asian Junior Kabaddi Championship, 2000 and 25th Junior National Kabaddi Championship, 1999. According to them he was over aged for participating in both those events. It was found out after verifying the actual date of birth issued by the Pondicherry Municipality dated 15.7.1992 and with the S.S.L.C. Mark list and Transfer Certificate dated 19.6.1995. Thus he had participated in the Championship by giving the date of birth as 10.1.1987. The eligibility for boys is under 18 years, born on or after 31.12.1980 and shall be upto index 250. The index formula for the eligibility of junior player was worked out as age in years + height in centimeters + weight in kilograms = 250. According to the respondents it is clear that in order to become eligible for participation the applicant had furnished a false date of birth. Since it is established beyond doubt the applicant had participated by giving false date of birth and achieved the position, he cannot be considered as meritorious sports person and he is therefore not eligible to avail quota earmarked for meritorious sports person. Hence after issuing show cause notice, the selection order was cancelled.
5. In the rejoinder filed by the applicant he had denied the averment that he was over aged at the time of his participation. In any event his participation in case of his over age cannot be attributed to the applicant because the selection was made by the Sports Authority through Committee appointed for the same. The Committee assesses the group in each category on the basis of age and body weight. Hence age alone cannot be taken as a factor for determining the category of junior or senior. There was no occasion to furnish false date of birth either to the respondents or to the Sports Authority. The selection of the candidate for participating in sports was left to the discretion of the Selection Committee in which the applicant did not have any role to play. It is stated that the respondents cannot question the decision taken by the Selection Committee constituted by the Sports Authority and the authority who had permitted and awarded the certificate. In a further affidavit permitted in M.A. No. 112/2005 he had stated that ‘grouping’ was done on the basis of the point fixed taking into account height, weight and age and the applicant had no say on those determinations.
6. The submission of the learned Counsel for the applicant Mr. V. Ajay Kumar is that the applicant had never made any false representation either before the Sports Authority or before the Govt. regarding his age. The age factor is decided by the Sports Authority for classifying the persons into senior, junior, sub-junior etc., on the basis of height, weight and age. After applying the said formula, the Sports Authority had classified the applicant in the junior category and he was sent for participation which has never been objected by the Competent Authority. The respondents cannot sit as an Appellate Authority on the decision of the Sports Authority regarding classification of candidates into senior, junior and sub-junior etc. The only criteria for consideration by the recruiting authority should be on the basis of the certificate made available from the Competent Authority. The action of the respondents in reopening the competence of the certificate is beyond the powers and jurisdiction and therefore the impugned order is liable to be set aside and granted the reliefs as sought for.
7. Mr. R. Syed Mustafa the learned Counsel for the respondents on the other hand submitted that the recruiting authority cannot be compelled to close their eyes to facts which are evident from the records. They have given opportunity to the applicant to establish his credentials for the eligibility to get the awards. They are entitled to go behind the competence of the applicant to get the certificate and it was rightly held that the certificate cannot be accepted. Therefore, he prays for the dismissal of the O.A.
8. We have heard the Counsels and considered the matter carefully. The question that arises for consideration is whether it is open to the respondents to go behind the certificate produced in support of the eligibility conditions.
9. The notification issued by the Govt. of Pondicherry dated 6.8.1999 (R-l) inviting applications for recruitment to the post of LDC under meritorious sports persons quota sets out the eligibility conditions, which is as follows:
The sports persons who have participated in the International/National Competition, Inter-University Tournaments National/Sports/Games for schools, and physical efficiency drive are eligible to apply for the recruitment to the posts of LDC. For full details please see the Information sheet annexed to the application form.
10. The O.M. dated 4.5.1995 of the Govt. of India (R-4) regarding the appointment of meritorious sports persons sets out the order of preference which is as follows:
In order to facilitate proper selection of sports persons it has been decided that sports persons who fulfil the eligibility conditions laid down in Para 1 of this Department O.M. Dated 4.8.1980 referred to above shall be considered in the following order of preference:
(a) First preference to those candidates who have represented the country in an International Competition with the clearance of the Department of Youth Affairs and Sports.
(b) Next preference may be given to those who have represented a State/UT in the senior or Junior National Sports Federations recognised by the Dept. of Youth Affairs and Sports or National Games organised by Indian Olympics Association and have won medals or positions upto 3rd place. Between the candidates participating in Senior and Junior National Championships/ games, the candidates having participated and won medal in Senior National Championship should be given preference.
The certificate obtained by the applicant (R-8) is reproduced below:
1st ASIAN JUNIOR KABADDI CHAMPIONSHIP – 2000
Merit Certificate
This certificate is awarded to Shiva Perumal for participating as a player representing INDIA country in the 1st Asian Junior Kabaddi for Boys held at Mewla-Maharajpur, Faridabad (INDIA) from 21st January, 2000 to 23rd January, 2000 organised by Haryana State Kabaddi Association under the auspices of Amateur Kabaddi Federation of India and Asian Amateur Kabaddi Federation.
The INDIA team has secured 1st place.
Sd/- Sd/- Sd- Kartar Singh Anand Mohan Sharan Sarkar Talwar J.S. Gehlot, Chairman Co Chairman Secretary President Amateur Kabaddi Organising Committee Federation of India 1st Junior Asian Kabaddi Championship
The Govt. Policy of recruitment of sports persons in various Department: has been examined and orders were issued in 0,M. No. 14015/l/76-Estt.(D) dated 4.8.1980 (R4) and O.M No. 14034/1/91 Eslt.(D) dated 21.3.1991 and No. 17,9.1992 Welfare dated 26.2,1999 vide Chapter 31 page421 of Swamy’s Establishment and Administration 10t.h Edition. As per the said policy and the Govt. Order the eligibility as set out under Clause I is as follows:
1. Eligibility
(a) 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 the 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.
The order of preference made in O.M. No. 14034/1/95-Estt. (D) dated the 4th May, 1995 (R-4) to those candidates who have represented the country in an international competition with the clearance of the Department of Youth Affairs and Sports.
In the Notification of the Govt. of Pondicherry dated 6.9.2000 (R-5) informing the provisional selection placed the applicant as No, 1 for having first place in the First Asian Junior Kabaddi Championship, 2000.
From the above Govt. Orders it is clear that if the applicant as sports person had represented the country in an International competition he will be given first preference, the criteria being that he should have represented the country in an International Competition. The procedure set out in Paragraph 5(page 421 of Swamy’s Manual) says that the applicant received by the Appointing Authority or a higher authority from a sportsman maybe considered in the light of the evidence, which the applicant may furnish, of his having represented in any of the competition mentioned. From these Govt. orders it is crystal clear that the procedure for consideration is that the applicant has to furnish evidence of his having represented in any of the competition. There is absolutely no scope for the Appointing Authority or the Head of the Department to go behind the evidence of his representation and to hold that the applicant is over aged at the time of his participation. It is totally beyond the jurisdiction of the selecting authority to go behind the certificate given by the Competent Authority. The provisions relating to appointment for sportsmen set out in Swamy’s Complete Manual on Establishment and Administration ‘in Chapter 31 infact refer to various concessions and facilities given to sports person based on Govt. orders. None of these Govt. orders leave any scope for the recruiting authorities to question the competence of the certificate issued by the Sports/Competent Authorities. Unless and until the certificate evidencing the participation of the event is cancelled by the said Competent Authority, the recruiting authority cannot sit in judgment over the certificates. Any such permission would lead to a dangerous and anamalous situation. It may even tempt the recruiting authority to the extent to say that the score obtained by the candidate may not entitle him to get such certificate etc. They can go even into realm of various considerations which has resulted in the award of the certificate. The recruiting authority has to satisfy itself whether the applicant has produced a certificate evidencing his participation or not. Even assuming for the sake of arguments that the Kabaddi Association had erroneously allowed the applicant to participate and the referee or the awarding authority had wrongly awarded the certificate, the recruiting authority has no say in the matter. He has no competency or expertise to go behind the certificate issued by the Competent Authority especially of a sports merit certificate. The acceptance of the stand of the respondents would result in disqualifying the applicant in the Team and the Championship awarded to India in that Championship of 2000. It will be too far fetched for the respondents therefore to sit in judgment over the merit certificates awarded by the Competent Authority. In order to clarify this position, we allowed Misc. Application impleading the said Kabaddi Association. Though the Association was represented by the Counsel, no counter has been filed. As rightly pointed out that the grouping was done by the Pondicherry Kabaddi Association on the basis of the points fixed on height, weight and age. The applicant had no say at all in the selection. Therefore, the respondents in our view cannot go behind the merit certificate produced by the applicant evidencing his participation. What is required is production of certificate evidencing his participation and nothing more or less. A Division Bench of the Madras High Court in S.P. Sakthi Devi v. The Collector of Salem 1984 WLR 535 has held that the:
1. Caste/Community Certificate issued by an empowered public authority under seal continues to be a valid document till it is cancelled by the said authority or by his superior authority,
2. Their contents are to be treated as correct and every public authority, undertakings, bodies, institutions, etc., which are bound by instructions relating to such certificates, are bound to act upon them, so long as they are not cancelled.
3. In no disciplinary proceedings, their genuineness or correctness of their contents can be gone into. It is open to the department or employer or organisation to ask the issuing authority or District Collector as the case may be, to verify whether the certificate as issued could be still valid, on materials which have since come to their knowledge.
Following the above dictum, it has to be held that unless the certificate is set aside by the Competent Authority, it is not open to the recruiting authority to go behind the certificate.
11. The judgment referred to by the learned Counsel for the respondents in W.P. No. 10641/2004 without referring to the relevant rules and instructions cannot be taken as one laying down the ratio or the law in the matter of production of certificates relating to participation. The said judgment has to be treated as applicable to the facts of that particular case.
12. For the above reasons we hold that the impugned order is illegal and the same is liable to be set aside. The respondents are hereby directed to issue the appointment order to the applicant to the post of L.D.C. on the basis of the select list for the post of LDC under the meritorious sports person quota retrospectively from the date on which the other candidates were selected, with all other consequential benefits of seniority and notional pay fixtaion but with no back wages. The O.A. is allowed. No order as to costs.