- (1.) By means of present writ petition under Article 226 of the Constitution of India, petitioners have challenged judgment and order dated 11.4.2011 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as 'Tribunal') in Original Application (hereinafter referred to as O.A.) No. 1323 of 2011 (Subhash Pratap Vs. Union of India and others) whereby Tribunal has allowed above-mentioned O.A. preferred by applicant-respondent.
(2.) We have heard Sri Ashok Kumar Pandey, learned counsel appearing for petitioners and Sri Anand Kumar, learned counsel appearing for applicant-respondent.
(3.) Perusal of record shows that Railway Board declared its policy for grant of appointment under the Sports Quota vide letter No. E(sports) 2007/policy/3 dated 30.03.2007. Paragraph 5 of abovenoted Railway Board's order provides for age limit. Paragraph 5.2 provides for recruitment through open advertisement. Paragraph 6 provides for minimum educational qualification and paragraph 7.1 provides for procedure for recruitment under Talent Scouting Category. For ready reference Paragraphs 5, 6 and 7 of Railway Board's Circular dated 30.03.2007 are reproduced herein under: "5. Age Limit : 5.1. Talent Scouting: 5.1.1 The age limit for recruitment through Talent Scouting shall be 18-25 years, both for Group-C and Group-D categories. 5.1.2 The lower and upper age relaxation for recruitment of sportspersons through Talent Scouting shall be granted only by the Railway Board to the outstanding sportspersons. 5.1.3 The date of reckoning of the age for recruitment of sportspersons through Talent Scouting shall be the date of Trial, conducted by the Trial Committee. 5.2. Open Advertisement : 5.2.1 The age limit for recruitment through Open Advertisement shall also be 18-25 years, both for Group-C and Group-D categories. 5.2.2 No relaxation in lower or upper age limit shall be permissible in recruitment through Open Advertisement. 5.2.3 The date of reckoning of age shall be 1st July for the posts for which notifications are issued between January to June of that year and 1st January of the next year, for the posts for which notifications are issued between July to December. 6. Minimum educational qualification : 6.1 Sportspersons recruited through Talent Scouting and Open Advertisement must possess the minimum educational qualification, as applicable to the post to which sportsperson is to be appointed. 6.2 No relaxation in minimum educational qualification shall be permissible in recruitment through Open Advertisement. 6.3 In case of recruitment through Talent Scouting, if a sportsperson having outstanding sports achievements, but does not possess the minimum educational qualification, he/she may be appointed after the approval of the Railway Board for relaxation in acquiring the minimum educational qualification, subject to acquiring the same within a period of three years from the date of such appointment. 7. Procedure for recruitment : 7.1. Talent Scouting : 7.1.1 Appointment against sports quota in Group-C category under Talent Scouting shall be given only after trial, except when a sportspersons represented the country, in individual events, in any of the recent International Championships as mentioned in Category-A or Category-B under para 3, concluded within last four months. or when the sportsperson has obtained up to 3rd position in the individual event at the Senior National Championship concluded within last four months. However, in team games, trial is necessary.;