Petitioner challenged her non-selection as a female short put athlete in the sports quota for Forester recruitment. Court held that despite her participation, qualifying marks (75/100) were below the General Category cutoff (80/100). Selection of 8 superior candidates with medals justified the decision, dismissing the writ.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :23.09.2019
CORAM
THE HON'BLE Mr.JUSTICE M.DHANDAPANI
W.P.No.14118 of 2019
B.Manthra ... Petitioner
.versus.
The Member Secretary, Tamil Nadu Forest Uniformed Service Recruitment committee, 8th Down Floor, Panagal Building, Saidapet, Chennai-600015. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the Publication of Final Cut-off Marks for the post of Foresters and the publication of list of candidates provisionally selected for appointment by Direct Recruitment to the post of Forester of the Respondent dated 16.04.2019 and quash the same in so far as fixing new norms of awarding cut off marks out of 100% in sports quota based on the recognized level of qualifying percentage of marks in the competition of tournaments and based on the new norm, candidates provisionally selected for appointment by direct recruitment for the post of Foresters in 10% sports quota is concerned and consequently direct the respondent to appoint the petitioner as Forester in the Tamil Nadu Forest Department in Sports Quota G.T.Category by fixing the Cut-off marks combining the marks obtained in Paper I, Paper II, and personality Test together with the qualifying percentage of marks awarded for the recognition level of competition of tournament in the sports / games.
For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.M.Elumalai Government Advocate O R D E R
This Writ Petition has been filed by the petitioner praying for the issuance of the Writ of Certiorarified Mandamus calling for the records pertaining to the Publication of Final Cut-off
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Marks for the post of Foresters and the publication of list of candidates provisionally selected for appointment by Direct Recruitment to the post of Forester of the Respondent dated 16.04.2019 and quash the same in so far as fixing new norms of awarding cut off marks out of 100% in sports quota based on the recognized level of qualifying percentage of marks in the competition of tournaments and based on the new norm, candidates provisionally selected for appointment by direct recruitment for the post of Foresters in 10% sports quota is concerned and consequently direct the respondent to appoint the petitioner as Forester in the Tamil Nadu Forest Department in Sports Quota G.T.Category by fixing the Cut-off marks combining the marks obtained in Paper I, Paper II, and personality Test together with the qualifying percentage of marks awarded for the recognition level of competition of tournament in the sports / games.
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cut-off marks for the recruitment of Foresters for 10% sports quota, combining the marks secured in Paper I, Paper II , Personality test together with the recognised level of qualifying percentage of marks for sports. He would also contend that the respondent had adopted the same procedure in respect of earlier recruitments whereas all of a sudden in respect of present selection, has fixed new norms for selection which is arbitrary and violative of Article 14 of Constitution of India. The learned counsel would contend that final cut-off marks for GT category under sports quota was fixed 80% while the marks secured in Paper 1 and Paper 2 and Personality Test were deliberately ignored and hence the petitioner was not selected. Therefore, he seeks to quash the impugned proceedings in so far as the fixation of new norms for awarding cut off marks out of 100 marks in sports quota and directed the respondent to select the petitioner after taking into consideration the marks obtained in other papers.
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candidates were selected under sports quota in General Category have either owned medal in National or International competition or participated in International level competition, whereas the petitioner has merely participated in National level competition and in fact no medal was achieved. Therefore, when compared to the already selected eight candidates under General Category on sports quota were in higher pedestal than compared to the petitioner and they are superior in terms of sports performance than that of the petitioner. In such circumstances, the petitioner cannot, as a matter of right, claim for selection over and above already selected candidates whose sports performance is admittedly higher that the petitioner.
“With regard to “Eligibility” in clause (1)(C) of para 5 under amendments in G.O.Ms.No.110, E&F (FR.2-1) Department, dated 03.08.2018, it is suggested that in sub clause (iii), the recognized State Sports Associations may mean the association recognized by Sports Development Authority of Tamil Nadu or Tamil Nadu Olympic Association.
For being considered under the sports quota, the sports persons have to secure at least minimum eligibility marks in the written test, physical test and physical efficiency test. Other eligibility criteria should be fulfilled.
The highest achievement in the last five-year period prior to the date of notification will be considered for recruitment and marks awarded accordingly. In case of international competition the individual with gold medal will be given higher rank then silver and silver medalist will be given higher rank then bronze. In case, the highest achievements among two or more persons are of same marks, and cannot be ranked based on gold, silver and bronze medals as stated above, the next highest achievement in five-year period among those persons may be considered for finalizing the ranking.
Ranking will be fixed based on sports achievements only.”
Therefore, as per above norms, the respondent has rightly selected candidates in respect of General Category from sports quota since all the eight persons who are selected are found
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eligible and since their performance in sports is best than that of the petitioner. In such view of the matter, this Court does not find any irregularity or infirmity in non selecting the petitioner for the post of Forester and this Court does not find any scope to interfere with the impugned proceedings. In fact, the respondents have issued the impugned proceedings in respect of the persons including the petitioner in respect of the General Category of sports quota. However, the petitioner alone has came forward with the present Writ Petition as if she alone has been singled out of the selection.
the same is dismissed as devoid of merits. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
The Member Secretary,
Tamil Nadu Forest Uniformed
Service Recruitment committee,
8 th Down Floor, Panagal Building,
Saidapet,
Chennai-600015.
+1 cc to M/s.C.K.M.Appaji,Advocate Sr.No. 82432
+1 cc to The Government Pleader Sr.No. 82034
AKM/05.12.19/5P-4C /
W.P.No.14118 of 2019
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3 issues framed by the court
Whether the non-selection of the petitioner under the sports quota was arbitrary and violative of Article 14 of the Constitution of India.
Whether the petitioner, having scored higher than the qualifying percentage, was entitled to appointment as Forester given the superior sports performance of other selected candidates.
Whether the fixation of new norms for awarding cut-off marks was legal and valid under the Recruitment Rules.
B. Manthra
The Member Secretary, Tamil Nadu Forest Uniformed Service Recruitment committee
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
