Summary
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]See the full content of this document
Extract
Uma Shankar Sharma VS. The Union Of India And Ors.
PETITIONER: UMA SHANKAR SHARMA Vs.RESPONDENT: THE UNION OF INDIA AND ORS.DATE OF JUDGMENT17/04/1980BENCH: PATHAK, R.S.BENCH: PATHAK, R.S.SARKARIA, RANJIT SINGHCITATION: 1980 AIR 1457 1980 SCR (3) 730 1980 SCC (3) 202ACT: Termination of service-Condition of eligibility for selection as Inspector of Central Excise ...
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