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TMI Blog2020 (3) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... artment. The private parties to the litigation are Alwin Francis, Liksy Joseph and Arathi Sarah Sunil; two of whom are badminton players and one an athlete (Liksy Joseph). They along with others applied under Annexure A1 notification produced in O.A.No.156/2017. The eligibility of all of them to apply for the posts notified for sports persons is not in dispute. They were ranked for the purpose of selection to the post of Income Tax Inspectors and Tax Assistants. 2. We are at present concerned with their appointment to the post of Income Tax Inspectors. A selection list was published, in which, there were five rank holders; of which, Alwin Francis was the 3rd rank holder, Liksy Joseph, the 4th rank holder and Arathi Sarah Sunil, the 5th r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of consideration of the subsequent NOC submitted by him and the Department is yet to consider the same. 4. In the meanwhile, Liksy Joseph, who was also disqualified, approached the Tribunal with O.A.399/2018 against her disqualification. She sought similar consideration as Alwin Francis. The Tribunal declined the prayer on the ground that she came late and that she had not appeared in the earlier O.A. filed by Arathi Sarah Sunil, where she was a party and had been issued with notice. Liksy Joseph has challenged the order in O.A.399/2018 filed by her and also O.A.156/2017 filed by Arathi Sarah Sunil. The Department has filed original petitions from O.A.156/2017 filed by Arathi Sarah Sunil and O.A. 608/2017 filed by Alwin Francis. 5. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and was merely a substitute in the team. This was the only claim for considering her as the first rank holder as raised in the O.A., which cannot be countenanced. 7. We are of the opinion that there being no infirmity in the selection conducted, we need not interfere with the selection as such and the Department's prayer to permit them to conduct a fresh selection is declined. We also are not inclined to dwell upon the claim raised as to the ranking being wrong. The further issue is as to who are to be appointed to the two posts. In this circumstances, the first aspect to be looked at is the disqualification of two candidates. 8. Alwin Francis, as was submitted, was on medical leave when the application had to be made as per Annexure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 10. In the above circumstances, we find that since there are two vacancies of Income Tax Inspectors, Arathi Sarah Sunil , who has been directed to be appointed by the Tribunal gets the first post available. The case of Alwin Francis has to be considered by the Department itself as to whether any exemption can be granted insofar as the NOC not being produced along with the application which later is filed with the Department. The same shall be considered within a period of two months from today. We are informed that Arathi Sarah Sunil has not been issued with any appointment order, because of the pending litigations. The appointment order of Arathi Sarah Sunil shall be issued within a period of two weeks from the date of receipt of a cert ..... X X X X Extracts X X X X X X X X Extracts X X X X
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