om:77-cl-2024-July — For appointment in the Sports Quota, merit is the main consideration and the order of preference prescribed

For appointment in the Sports Quota, merit is the main consideration and the order of preference prescribed — The chunk provided pertains to the selection process for appointment of meritorious sports candidates under the sports quota, along with details about the applicant's application, performance in sele... — Facts: The Applicant had joined as EDA in the Department of Posts under sports quota in July, 1999. He represented the Kerala Postal Circle in various Kabaddi competitions. He had been included in the team of Kerala Postal Circle which participated in the All India Postal Kabaddi Tournament 2017 - 2018 at the time of filing the OA. Various circulars in the matter of granting concessions to EDAs and Casual Labourers for regular appointment in Group 'C' and 'D' posts, were issued taking into consideration their outstanding performance in sports. The Postal Department had been promoting GDSs, who were recruited under the sports quota, to Group 'C' and Group 'D' posts.

As many as 28 EDAs have been appointed in Group 'C' and Group 'D' posts during the period from 1988 to 1998, under the sports quota. Being similarly placed as other EDA's who were appointed in Group 'C' and Group 'D' posts under the sports quota, he too, is entitled to equal treatment. Department of Posts had filled up a total 956 vacancies in the Group 'C' and Group 'D' category during the period from 1999 to 2003. 5% thereof is reserved for sportsmen. Hence, all these 47 vacancies should have been filled up under the sports quota. These vacancies not having been filled, O.A. No. 290 of 2006 along with 3 others was filed which was disposed of by directing the department to consider cases of the Applicants who had fulfilled other qualifications for appointment under the sports quota against 8 vacancies. It was for the Respondents to consider the power to relax the qualification requirement.

These orders were challenged by the Respondents by filing W.P.(C) No.14547 of 2007 in the Hon'ble High Court of Kerala and the High Court in judgment, dated 21-5-2009, after quashing the Tribunal's order, directed the competent authority to invite applications from the open market as well as from among the GDS and casual labourers who were eligible to apply for appointment to the eight vacant posts, as on 31-3-2006, and the competent authority shall consider the claim of the Applicants, including those who applied pursuant to the fresh notification to be issued, and fill up the eight vacancies which were available for recruitment under the sports quota. Six months time was calendared for this purpose.

Even after the above judgment, the Department waited for as many as four years, before issuing a Notification on 10-9-2012 calling for applications for appointment of meritorious sportsman in the cadre of Postal Assistants, Sorting Assistants (PA/SA) and Postmen. The number of posts in the cadre of Postal Assistants / Sorting Assistants was indicated as 32 and number of posts in the cadre of Postmen was indicated as 20. As many as 8 posts were shown against the Kabaddi (Men) discipline. It was indicated that the meritorious sports candidates would be selected for appointment in a specific order of preference (which was outlined) and also based on their performance in the selection trials.