Civil Appeal No 2994 of 1979
Appeal by Special Leave from the Judgment and Decree dated 11 7 1979 of the Patna High Court in Civil Writ Petition No 1936 of 1979
Dr Y section Chitale and P P Singh for the Appellant
R B Datar and Miss A Subhashini for the Respondent
The Collector of Central Excise  Customs Patna invited by an advertisement dated 30th July 1975 applications for filling 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 University was one of the applicants and he was directed to appear for a physical test and an interview
On 12th December 1975 the Collector of Central Excise 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
On 30th April 1976 he received a letter from the Assistant Collector Headquarters Central Excise pointing out that he had submitted attested copies only of the sports certificates along with his application for appointment and he was directed to submit the original certificates
The appellant forwarded the original certificates
Nothing happened for some time and the appellant continued in the post without any objection
It was almost a year later that the Assistant Collector Headquarters wrote to the appellant to supply details of the tournament at 732 which he had represented the University
On 27th February 1978 the appellant referred to the Sports certificate date 28th July 1975 issued by the Deputy Registrar of the L N Mithila University Darbhanga
The original certificate had been sent by him to the Collector along with the other certificates on 5th May 1976
The appellant explained that he had qualified and was selected to represent the Mithila University in the Inter University Tournament to be held at Banaras Hindu University Varanasi in the year 1972 but that a serious illness had intervened and prevented him from actually participating in the tournament
He pointed out that this had been made clear by him during the interview for selection before the Appointments Committee 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 now
Another fourteen months later on 16th June 1979 the Assistant Collector Headquarters made an order purporting to be under the proviso to sub rule 1 of Rule 5 of the Central Civil Service Temporary Service Rules 1965 terminating the services of the appellant
The appellant then applied for relief under Article 226 of the Constitution to the High Court against the order but the High Court has summarily dismissed the writ petition
In this appeal the appellant contends that he fulfiled the conditions 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 mistake inasmuch as the condition 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 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 representing the Mithila University in the Inter University Tournament at the 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 733 and for that reason was unable to represent his university is not disputed
There is nothing to show that but for that illness he would not have actually taken part in the tournament
It seems to us that on a reasonable view of the facts the appellant should be taken to have fulfilled the condition of eligibility
The terms and conditions of service are intended to be construed reasonably and too technical a view can defeat the essential spirit and intent embodied in them
The intention 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 conducted by the Inter University Sports Board is appointed notwithstanding that he was actually prevented from participating because of reasons beyond his control
We have no doubt that on the interpretation which has found favour with us the appellant will be entitled to a certificate of eligibility a requirement postulated by the terms of his appointment
The appeal is allowed the order dated 16th June 1979 made by the Assistant Collector Headquarters is quashed and the respondents are directed to treat the appellant as continuing in service
The appellant is entitled to his costs throughout
SR Appeal allowed


Summary:
The appellant was selected for and appointed in a temporary vacancy of Inspector of Central Excise as he was found to be a sportsman who has represented 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 that only attested copies were furnished by the appellant earlier
The appellant furnished the original documents on 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 July 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 Varanasi in the year 1972 but that a serious illness had intervened and prevented him from actually participating in the tournament
He pointed out that this had been made clear by him during the interview for selection before the Appointments Committee 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 fourteen months thereafter on 16th June 1979 the Assistant Collector Headquarters made an order purporting to be under the proviso to sub rule 1 of Rule 5 of the Central Civil Service Temporary Service Rules 1965 terminating the services of the appellant
The appellant then applied for relief under Article 226 of the Constitution 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  HELD The terms and conditions of service are intended to be construed reasonably and too technical a view can defeat the essential spirit and intent embodied in them
The intention 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 conducted by the Inter University Sports Board is appointed notwithstanding that he was actually prevented from participating because of reasons beyond his control
733 A C In the instant case the respondents have proceeded on a technical view of the matter wholly unjustified by the intent behind the condition of eligibility
731 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
The appellant did qualify and was selected for representing the Mithila University in the Inter University Tournament at the 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 and for that reason was unable to represent his university is not disputed
There is nothing to show that but for that illness he would not have actually taken part in the tournament
On a reasonable view of the facts the appellant should be taken to have fulfilled the conditions of eligibility
732 G H 733 A