Atul Chandrakant Shende v. Additional Commissioner (Crime) And President Police Recruitment-2017 And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5122 OF 2017 Atul Chandrakant Shende ... Petitioner.

V/s.

1. Additional Commissioner (Crime) & President Police Recruitment-2017 & Anr. ... Respondents. --- Mr. V.S. Tidke a/w. Vinod Sangvikar. Advocate for the Petitioner.

Mrs. Rupali Shinde, AGP for the Respondent No.1. Mr. Parag Bhosale, Advocate for Respondent No.2, Dy. Director, Sports & Youth Service (Pune).

--- CORAM : ANOOP V. MOHTA AND RAVINDRA V. GHUGE, JJ.

DATE : 28 APRIL, 2017 ORDER :

We have considered the submissions of the respective learned counsels appearing on behalf of the Petitioner and the Respondents.

Issue is as regards the President Police Recruitment for 2017 conducted by Respondent No.1, wherein 5% reservation has been allocated to the candidates who have 1/4

applied from the sports category- (SC category). A grievance is that since the Petitioner was not equipped with a certificate which has to be issued by Respondent No.2 the competent authority within time, the Petitioner is likely to lose his probable selection for the post reserved under the sports - SC category.

We have considered the Government Resolution dated 04.04.2016 and the Petitioner is covered at entry no.17 in relation to the team participation. He was the member of Savitribai Phule Pune University, Pune, Kho-Kho team, which had participated in the 18th Maharashtra State Inter University Krida Mahostav 2014 held at Dr. Babasaheb Ambedkar Marathawada University, Aurangabad during 27th November to 1st December, 2014. The University Team represented by the Petitioner stood third in the competition at the Inter University Level and such a certificate is placed on record. Learned counsel for Respondent No. 2, the sports authority, does not dispute the participation of the petitioner in the State Inter University Competitions ( i.e. in the State level Kho-Kho competition in Krida Mohastav-2014) and the said University having scored a third place in the said competition.

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The Government Resolution indicates that on such participation at the national level or the state level or university level or olympic level etc. where the candidate must be participated in the team event and such University ought to have scored at least third rank in said competition. Thus the requirement of (2) (b) of the government resolution is satisfied by the Petitioner. Accordingly, the petitioner has been issued the requisite certificate by the Respondent No.2 on 19.04.2017.

Issue before us is that since the entire selection process for the President Police Recruitment 2017 has been completed and the provisional selection list is declared, the petitioner is likely to lose his selection though he has scored 74% marks.

Considering the above and keeping in view that the provisional selection list has been declared, we direct the Petitioner to file a representation with Respondent No.1 on or before 3rd May, 2017. If such a representation alongwith the copies of the necessary documents are furnished by the Petitioner to Respondent No.1, we expect that Respondent No.1 shall consider the said representation by conducting due scrutiny, as may be deemed fit and proper, so as to decide the claim of the petitioner before finalization of the selection list. 3/4

The learned AGP graciously submits that she would convey this order to Respondent No.1 so as to make it convenient to Respondent No.1 to decide the said representation.

Parties to act on the authenticated copy of this order and/or the print out of this order from the official website of the High Court, Bombay.

The Writ Petition stands disposed of in the above terms.

(RAVINDRA V. GHUGE,J.) (ANOOP V. MOHTA J.) .....

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