Holding

The condition of eligibility is to be interpreted reasonably; qualification and selection for representation, even without actual participation due to illness, satisfy the requirement, rendering the termination unlawful.

Summary

The appellant was appointed as a temporary Inspector of Central Excise on the basis that he was a sportsman who had represented his university in an Inter‑University Tournament. He had qualified and been selected to represent Mithila University in the 1972 tournament but was unable to participate due to a serious illness. After joining service, the department later questioned the authenticity of his sports certificate and, after a prolonged inquiry, terminated his employment under Rule 5 of the Central Civil Service (Temporary Service) Rules, 1965. The appellant challenged the termination by filing a writ petition under Article 226, which was dismissed by the High Court. The Supreme Court held that the eligibility condition must be given a reasonable construction, and that qualification and selection satisfy the requirement even if actual participation was prevented by circumstances beyond the appellant’s control, thereby setting aside the termination order.

Issues considered

Whether the eligibility condition of having 'represented the university in the Inter‑University Tournament' requires actual participation in the tournament.
Whether the termination of the appellant's service under Rule 5 of the Central Civil Service (Temporary Service) Rules, 1965 was justified.

Legislation cited

Central Civil Service (Temporary Service) Rules, 1965s. Rule 5 (sub‑rule (1) proviso)
Constitution of Indias. Article 226

Subjects

service terminationeligibility criteriareasonable constructioninter‑university sportsCentral Excisetemporary serviceArticle 226

Judgment

.•·- -,°"''"'

7l!O

UMA SHANKAR SHARMA
v. '--
THE UNION OF INDIA AND ORS.
April 17, 1980
B [R. S. SARKARIA AND R. S. PATHAK, JJ.]
•
Termination of service-Condition of eligibi1ity for selection as Inspector of
Cent1:,al Excise viz.. "should be a sportsman who have represented the Universi-
ties in the Inter UniVersity Tournament conducted by the Inter-University

.
c •
Board''-Terms ·and conditions of service should be construed reasonably.

The appellant was selected for and appointed in a temporary vacancy of Ins-
'1'·.
pector of Central Excise, as be was found to be a "Sportsman who has repre- ' .
sent¢ 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 tpat only attested copies were furnished
· by the appellant earlier. The appellant furnished the original documents on
D 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 Jnly 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, Varahasi, in the year
1972 but that a serious illness had intervened and prevented him from actually
B participating in the tournament. He pointed out that this had been made clear
by him during the interview for selection before the Appointments Cominittee
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 fonrteen months thereafter, on
16th June, 1979, the Assistant Collector (Headquarters) made an order purport-
F ing to be under the proviso to sub-rule ( 1) of Rule 5 of the Central Civt1 Service

~
(Temporary Service) Rnles 1965, terminating the services of the appellant. The r
appellmt then applied for relief under Article 226 of the ConstitQtion 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 ,, ' ~
G
HEID : The terms and conditions of seryice are intended to be construed
reasonably, and too technical a view can defeat the essential sprit and intent em- ' ·~
bodied in them. The intention was to appoint meritorious sportsmen. to the )e
posts, and that object is served if a person who had qualified and was selected for ''
representing bis university in an Inter-University Tournament conducted by the

B
Inter-University Sports Board is appointed, notwithstanding that he was actually
prevented from participating because of reasons beyond his control. [733 A-cl
In the instant case, the respondents have proceeded on a technical view of
•
th• matter wholly unjustified by. the intent behind the condition of eligibility.
UMA SHANKER v. .UNION (Pqthak, 1.) 731

The CO!ldition required that the applicant should have been a sportsman who bad A
represented his Wliversity iB an Inter.Unive11ity Tournament conducted by the
Inter-University Sports Board. Tile appellant did qualify, and was selected, fOr
repreaenting the Mithila University in the Inter-University Toornament at the
Banaras Hindu University in the year 1972. All that remained was that he
should have participated in tho tournament. Unfortunately, for him, he fell
ill and was unable to do so. The fact that he fell ill, and for that reason was
unablo to represent his univ0I1ity, is not disputed. There is nothing to show B
• that but for that illness he· would not have actually taken i>OFt in the tourna-
ment. On a reasonable view of the facts the apellant should be taken to have ·
fulfilled the conditions of eligibility. [732 G-H, 733 Al

,. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2994 of 1979.
Appeal by Special Leave from the Judgment and Decree dated c
' 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 D

PAmAK, J : This appeal by special leave is directed againstan
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
E
advertisement dated 30th July, 1975, applications for filling
I
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 etJniversity, was one I!'
of the applicants and he was directed to appear for a physical test
and, an interview. On 12th December, 1975 _the Collector of Central
&cise 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. G
On 30th April, 1976 he received a letter from the Assistant Collector
(Headquarters) Central Excise pointing out that he had submitted
atte~ted copies only of the sports certificates along: with his application
foe appointment and he was directed to submitJthe:original certificates.
The appellant forwarded the original certificates. Nothing happened
for some time, and the appe!Iant continued in the post without any H
objection. It was almost a year later that the Assistant Collector (Head-
quarters) wrote to the appellant to supply details of the tournament at

I ,
, <)'

732 SUPREME COURT RBPUK I> [1980] 3 S.C.lt.

A 'Yhich he had represelltOd the University. OR 27tl!. Fel!lruary, 19V8 the
llf>P~ltmt refet'l'etlto ttib Sp<!lrts GG!ltiftoatll dat~ 28th July, 1975 issm:d
"Y th\! Diit!lllfy Regl!ltt!lt of the L. l'IT. Mlthllll T:Jnh•ersiry, Da!'blianga.
~ tl~igi'i!al C'ettlllcatl! had bee!\ sent by film to the Collector, along ii.
"
with the other cettiffcates on 5th .May, 1970. The appellant explained
that he had qualified and was selected, to represent the Mithila Uni-
B versity in the Inter-University Tournament to be held at Banaras Hindu
University, Varanasi, in the year 1972 bllt that.a serious illness had
•
intervened and prevented him from aotually participating in the tour-
nam:nt. H: p)inted out that this had been made clear byhim;during
the interview·for selection before the Appointments Committee and
that as he ,had b~eti discharging his duties to the satisfaction of his ,
c sup:lfor officers ever since December, 1975 and had, in fact,. captained
"t''
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 Col-
lector (HeadqlfarterS) made an order, purporting to be under the
'proviso to sub-rule (I) of Rule 5 of the Central Civil Service (Tem-'
porary Service) Rules 1965, terminating the services of the appellant.
Tl:te ap)l~\tant theh applied for re1tef under Article 226 of the Consti· .
ttitiun to tlie Hilih C®rt against the c5rder, but the High Court has
snmm1rily dismissed the writ petition. ·-
Iii tliis app:al, the itppellant contends that he fulfile4 the conditions
E 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 mistak-e inasmw:h as the oondltion 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
G 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 represent-
ing the :Mithila University in the Inter-University Tournament at the
b 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,
UMA SHANKER v. UNION (Pathak, J.) 733

and for that reason w.as u11a.ble to re,pri:&ent .b,i~ university, is not dis· A
puted. There is nothing to ~how that but for that illness he would not
have actually taken part in the tournament. It seems to us that on a
reasonable view ofthe facts the appellant shoul<l be. taken to have ful-
filled the condition of eligibility. The terms and conditions of sel'Vice
are intended to be constrll¢ reilsOl\~ly, and too technical a view
• can defeat the essential spirit and intent embodied in thenj. Tb.e in- B
t~ntion 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 con-
ducted by the Inter-University Sports Board i~ appoi)),ted, notwith·
sta.nding that he was actually prevented from par;ticip11ting b,eca~
of reasons beyond his control. c
We have no doubt that on the interpretation which has found favour
with us the appellant will he entitled .to a certificiit.e of eligibility, a
requirement postulated by the terms of his appointment.
The appeal is allowed, the .order dated 16th J\llle, 1979 made .by the D
Assistant Collector (Headquarters) i~ qu11she<;I 'and .the respon~lllltls
Me directed to treat the appellant.as oontinuing in service. The appeliant
is entitled to his (;osts throughout.

S..R. Jppea/ al iowed.

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