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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

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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

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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

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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