Uma Shankar Sharma Vs. The Union of
India & Ors [1980] INSC 88 (17 April 1980)
PATHAK, R.S.
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]
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 fulfilled 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.
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