2023 (10) TMI 380 - SCH - Indian Laws

Appointment to the post of Income Tax Inspectors - notice issued by the Income Tax Department, Kerala for recruitment of meritorious sports persons against sports quota vacancies for the year 2016-2017 - HELD THAT - Sports persons who are already employed in Central Government or State Government or PSU, under the advertisement issued on 10.08.2016 are required to furnish NOC form the present employer and such NOC is to be enclosed with the application. Admittedly, the petitioner satisfies the qualification prescribed for recruitment against the sports quota vacancies. She secured 4th rank in the recruitment examination. However, she was denied appointment only on the ground that she failed to enclose the NOC from her employer (Central Railways) along with her application. As learned Senior Counsel would firstly submit that Clause 12 of the advertisement, does not specifically refer to NOC to be furnished by applicants employed with the Railways. In any case, the Counsel would point out that the Central Railways has issued the NOC for the petitioner on 28.05.2018 and the same is marked as Annexure P-19 with the additional document filed by the petitioner. As submitted that the recruiting Department should consider the petitioner for appointment against the sports quota vacancy by virtue of eligibility and merit position. It is further pointed out that a vacancy of ITO/Tax Assistant continues to exist as one of the selectees had not joined and the petitioner can be accommodated in the said vacancy. To receive instruction on the above submission on whether the petitioner can be accommodated on the strength of the current employer s NOC dated 28.05.2018, Mr. Arijit Prasad, learned Senior Counsel prays for time.The matter be listed after two weeks.

Summary

Issues involved:
The issues involved in the judgment are related to the recruitment of meritorious sports persons against sports quota vacancies for the year 2016-2017 by the Income Tax Department, Kerala. The specific issue pertains to the denial of appointment to a petitioner who satisfied the qualification criteria but failed to enclose a No Objection Certificate (NOC) from her current employer, Central Railways, along with her application.

The judgment addresses the matter of a petitioner who met the qualifications for recruitment against sports quota vacancies but was denied appointment due to the absence of a NOC from her current employer, Central Railways. The petitioner secured the 4th rank in the recruitment examination. The crux of the issue lies in the interpretation of Clause 12 of the advertisement, which the petitioner's counsel argues does not explicitly require applicants employed with Railways to furnish a NOC. Additionally, it is highlighted that the Central Railways issued the NOC for the petitioner on 28.05.2018, as evidenced by Annexure P-19 submitted by the petitioner.

The counsel representing the petitioner contends that the recruiting Department should consider the petitioner for appointment based on her eligibility and merit position. It is emphasized that a vacancy for the position of Income Tax Officer/Tax Assistant still exists, as one of the selectees did not join. Therefore, the petitioner could potentially be accommodated in this vacancy. The respondent's counsel requested time to seek instructions on whether the petitioner can be considered for the appointment based on the NOC dated 28.05.2018 from her current employer, Central Railways. The matter was scheduled to be listed for further consideration after two weeks.