STATE OF U P Vs. VINOD KUMAR CHAND
LAWS(ALL)-2003-5-178
HIGH COURT OF ALLAHABAD
Decided on May 02,2003

STATE OF UTTAR PRADESH Appellant
VERSUS
VINOD KUMAR CHAND Respondents

JUDGEMENT

R. K. Agrawal, J. - (1.)-The present Special Appeal has been filed against the judgment and order dated 18.11.1999, passed by the learned single Judge, whereby the writ petition filed by the respondents-writ petitioners, has been allowed and the order dated 11.5.1999, passed by the Principal, District Institute of Education and Training, Didihat Pithauragarh, has been quashed.
(2.)BRIEFLY stated the facts giving rise to the present special appeal are that all the respondents (writ petitioners) herein, claimed themselves to be sports men having participated in the State level sports, except the respondents-writ petitioner No. 2 who participated in National level sports. The State Government issued an order on 9.1.1998 providing for Special B.T.C. Training to be imparted to those candidates who possessed training qualification of Bachelor of Education and other equivalent qualifications for appointment as Assistant Teacher in Basic Schools run by the Board of Basic Education, U. P. In the said order it was provided that those candidates who are sports men at the State level would be entitled to additional 3 marks whereas those candidates who are sports men of National level would be entitled to additional 5 marks. The quality point marks was to be determined on the basis of educational qualification and weightage to various categories provided in the said order. An advertisement was also issued on 8.3.1998 in terms of the Government order dated 9.1.1998 by the Director, State Council for Educational Research and Training inviting the application for Special B.T.C. Training. The last date for making application was 30.3.1998. All the respondent-writ petitioners applied in pursuance of the said advertisement. A select list was prepared on 21.4.1999 which included the names of the respondent (writ petitioners). They reported on 1.5.1999 to the District Institute of Education and Training, Didihat Pithauragarh and were granted admission. According to them, they attended the course till 11.5.1999. However, the Principal, District Institute of Education and Training, Didihat Pithauragarh, cancelled their candidature on the ground that the weightage granted to them on account of being sports persons was contrary to the Government order dated 24.2.1999, which provided for giving additional marks to a sports person who had won any prize at the State Level Tournament or National Level Tournament and since the respondents (writ petitioners) had not won any such prize and merely participating at the State Level or National Level Tournament would not make them eligible and entitled to weightage of additional 3 or 5 marks respectively as the case may be. The order dated 11.5.1999, was challenged by the respondents (writ petitioners) invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India by filing writ petition which had been allowed by the learned single Judge vide judgment and order dated 18.11.1999.
We have heard Shri Ran Vijay Singh learned Standing Counsel for the appellants and Shri Ashok Khare learned senior counsel for the respondents (writ petitioners).

The learned standing counsel submitted that in view of the Government Order dated 24.2.1999 which provided for the criteria of giving additional marks to sports persons of State Level or National Level, the respondents (writ petitioners) were not entitled for additional marks and if additional marks which were awarded to them was excluded then they were not entitled for admission in Special B.T.C. Course. He further submitted that by the Government Order dated 24.2.1999 the only criteria for making a person eligible for awarding additional marks as State Level sports men or National Level sports men had been clarified and does not take away any vested right. According to him no written examination was held and the merit list had been prepared on the basis of quality points marks obtained by the candidates according to their qualifications. The weightage on account of sports persons cannot be claimed as a matter of right. Thus, the learned single Judge was not justified in quashing the order dated 11.5.1999.

(3.)SHRI Ashok Khare learned senior counsel, however, submitted that the respondents (writ petitioners) had applied on the basis of Government Order dated 9.1.1998 and the advertisement dated 8.3.1998 which provided for giving additional marks to sports persons of State level and National level. Neither the Government Order dated 9.1.1998 nor the advertisement dated 8.3.1998 stipulated any condition whatsoever that the sports persons of State level or National level should have also won prize in the State Level Tournament or National Level Tournament. He thus, submitted that the State Government subsequently cannot apply changed criteria for awarding additional marks to sports persons. He further submitted that the selection has to be made on the basis of criteria given in the advertisement dated 8.3.1998 and Government Order dated 9.1.1998. According to him the Government order dated 24.2.1999 would apply prospectively and cannot be applied to the advertisement dated 8.3.1998. He further submitted that f?rst list of selected candidate was published in February 1999 and additional marks to sports persons to State level and National level has been given to the candidates applying the Government Order dated 9.1.1998 and if the said Government order dated 24.2.1999 is applied to the select list published in April, 1999, then it would amount to hostile discrimination and hit by Article 14 of the Constitution of India.
Having heard the learned counsel for the parties, we find that in the Government Order dated 9.1.1998, it was provided that 5 marks would be given for sports, etc. Clause (Ga) of the said Government order dealing with the award of 5 additional marks to the sports, etc. reads as follows : ...[VERNACULAR TEXT OMMITED]...



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