Palak Sureshbhai Patel vs General Manager (Admn.) BSNL and Another

R.M. Doshit, J.—Heard the learned advocates.

This Appeal preferred under Clause 15 of the Letters Patent arises from the judgment and order dated 16th March, 2006 passed by the learned Single Judge in above Special Civil Application No. 22299/2005. The appellant is the writ petitioner.

Pursuant to the advertisement published on 14th August, 2004, the petitioner had applied for selection and appointment as a Senior TOA(G)(Gr.C) under the respondent-Bharat Sanchar Nigam Limited (hereinafter referred to as, "the Nigam") in sports quota. According to the petitioner he was an outstanding sportsman in the game of chess. He was eligible for the post in question. He was selected and placed in the merit list at serial No. 1. Nevertheless, he has been denied appointment for extraneous reasons. Therefore, the writ petition.

The writ petition was contested by the Nigam. According to the Nigam, the Nigam had taken a policy decision not to grant relaxation in the eligibility criteria including the age limit for appointment of sports persons. As, on the relevant date the petitioner had crossed the upper age limit, he was not eligible for appointment.

The learned Single Judge has considered the eligibility for appointment on the posts in question and has upheld the decision of the Nigam. Feeling aggrieved, the petitioner has preferred the present Appeal.

Mr. Adesara has strenuously urged that the petitioner is an outstanding sports person in the game of chess. For that, he has relied upon the various certificates issued in respect of the participation by the petitioner in the chess tournament conducted at university level/state level/national level. He has also relied upon the educational qualifications possessed by the petitioner. He has submitted that the petitioner possesses a Bachelor''s degree in Commerce from Gujarat University and also a certificate in Web Designing issued by the Directorate of Employment and Training, Gandhinagar. The petitioner has undergone a certificate course in Web Designing conducted by the Directorate of Employment and Training, Gujarat State. Thus, the petitioner possesses a certificate in Computer Applications. The petitioner being eligible for appointment to the post in question considering his outstanding performance at the game of chess, he should have been granted relaxation with respect to the age limit and appointed as a Senior TOA(G)(Gr.C) in the sports quota. He has also submitted that the petitioner has been deprived of the said appointment because the Nigam wanted to appoint somebody else on the said post. He has also submitted that the learned Single Judge has erred in holding that the petitioner was not eligible as he did not possess the requisite skill/speed of 8000 depressions per hour for data entry. He has submitted that the skill/speed of data entry has connection with the qualification of computer programming and not computer applications. It is not the case of the petitioner that he has undergone a course in computer programming. The question of data entry, therefore, does not arise.

We are afraid, we are unable to agree with Mr. Adesara.

By advertisement published on 14th August, 2004, the Nigam had invited applications from outstanding sports persons during the year 2004 for appointment to various posts. One of the sports referred to in the said advertisement was chess. The advertisement further states that "Age Limit for Recruitment will be 18 to 25 years as on 1-8-2004. In exceptional cases of merit, relaxation upto a maximum of five years in the upper age limit will be considered." It also said that "The Sports persons selected for appointment to a post should possess the minimum educational qualification prescribed for the post." Against the post of Senior TOA(G)(Gr.C), the minimum educational qualification prescribed was "Degree of recognised University and Diploma/Certificate in Computer Application/Programming duly recognised by the department of Electronics with a speed of 8000 depressions per hour for data entry" i.e. in addition to a degree of recognised university, a candidate was required to possess a diploma or a certificate either in Computer Application or in Computer Programming with the required speed of data entry, recognised by the department of Electronics of the Nigam.

It is the case of the Nigam that since February, 2004 the Nigam had changed its policy and had decided not to grant any relaxation either in respect of age or of qualification to the sports persons. However, for the time being we may assume that since the advertisement had categorically mentioned about the age relaxation the petitioner may be entitled to such relaxation irrespective of the changed policy of the Nigam on the principle of legitimate expectation. However, the petitioner was required to satisfy the Nigam that he did possess the required qualification.

It is not in dispute that the petitioner did possess a Degree of recognised university but what the petitioner failed to satisfy was the qualification in respect of the computer applications or programming. It is admitted that the petitioner did not possess qualification in computer programming. We do take it that the skill of data entry i.e. "8000 depressions per hour" is related to computer programming and not to computer application. Nevertheless, the petitioner was required to satisfy that he possessed a Diploma or a Certificate in computer application. The only document relied upon is the certificate given by the Directorate of Employment and Training in respect of the skill in the area of "Web Designing". Mr. Adesara has vehemently submitted that the skill of "Web Designing" is the same as Computer Application. We are, however, unable to accept it. We do not find any averment in this connection in the writ petition nor is there any documentary evidence on record to suggest that a certificate in "Web Designing" is same as a Diploma or Certificate in Computer Application. Nor do we find any averment that the certificate given by the Directorate of Employment and Training, Gujarat State is recognised by the Department of Electronics of the Nigam.

Unless the petitioner satisfies this Court that he was duly qualified i.e. he possessed the minimum qualification referred to in the advertisement, the petitioner''s claim for appointment cannot be accepted. We are of the opinion that merely being a sports person did not confer right to appointment upon the petitioner. The petitioner having failed to establish before us that he did possess the qualifications mentioned in the advertisement, we hold that he is not entitled to the relief prayed for. Such a relief has rightly been refused by the learned Single Judge.

For the aforesaid reasons, we dismiss the Appeal in limine. Notice is discharged. Civil Application stands disposed of.