# [1980] 3 S.C.R. 730 - **Citation:** [1980] 3 S.C.R. 730 - **Court:** Supreme Court of India - **Decided:** 1980-04-17 - **Case number:** Civil Appeal No. 2994 of 1979 - **Bench:** R. S. Sarkaria, R. S. Pathak - **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/1980-3-s-c-r-730-8209 - **Pages:** 4 ## Headnote Termination of service-Condition of eligibi1ity for selection as Inspector of Cent1:,al Excise viz.. "should be a sportsman who have represented the Universities in the Inter UniVersity Tournament conducted by the Inter-University Board''-Terms ·and conditions of service should be construed reasonably. • The appellant was selected for and appointed in a temporary vacancy of Inspector of Central Excise, as be was found to be a "Sportsman who has represent¢ 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 tpat 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 Jnly 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, Varahasi, 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 Cominittee 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 fonrteen 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 Civt1 Service (Temporary Service) Rnles 1965, terminating the services of the appellant. The appellmt then applied for relief under Article 226 of the ConstitQtion 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 HEID : The terms and conditions of seryice are intended to be construed reasonably, and too technical a view can defeat the essential sprit 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 bis 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-cl In the instant case, the respondents have proceeded on a technical view of th• matter wholly unjustified by. the intent behind the condition of eligibility. • '1'· . ' . ·:-- ~ r ,, ' ~ ' ·~ )e '' • • UMA SHANKER v . . UNION (Pqthak, 1.) 731 The CO!ldition required that the applicant should have been a sportsman who bad A represented his Wliversity iB an Inter.Unive11ity Tournament conducted by the Inter-University Sports Board. Tile appellant did qualify, and was selected, fOr repreaenting the Mithila University in the Inter-University Toornament at the Banaras Hindu University in the year 1972. All that remained was that he should have participated in tho tournament. Unfortunately, for him, he fell ill and was unable to do so. The fact that he fell ill, and for that reason was unablo to represent his univ0I1ity, is not disputed. There is nothing to show B that but for that illness he· would not have actually taken i>OFt in the tournament. On a reasonable view of the facts the apellant should be taken to have · fulfilled the conditions of eligibility. [732 G-H, 733 Al ,. ## Text . , B .. c D B F G B 7l!O UMA SHANKAR SHARMA v. '-- THE UNION OF INDIA AND ORS. April 17, 1980 [R. S. SARKARIA AND R. S. PATHAK, JJ.] Termination of service-Condition of eligibi1ity for selection as Inspector of Cent1:,al Excise viz.. "should be a sportsman who have represented the Universities in the Inter UniVersity Tournament conducted by the Inter-University Board''-Terms ·and conditions of service should be construed reasonably. • The appellant was selected for and appointed in a temporary vacancy of Inspector of Central Excise, as be was found to be a "Sportsman who has represent¢ 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 tpat 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 Jnly 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, Varahasi, 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 Cominittee 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 fonrteen 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 Civt1 Service (Temporary Service) Rnles 1965, terminating the services of the appellant. The appellmt then applied for relief under Article 226 of the ConstitQtion 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 HEID : The terms and conditions of seryice are intended to be construed reasonably, and too technical a view can defeat the essential sprit 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 bis 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-cl In the instant case, the respondents have proceeded on a technical view of th• matter wholly unjustified by. the intent behind the condition of eligibility. • '1'· . ' . ·:-- ~ r ,, ' ~ ' ·~ )e '' • • UMA SHANKER v . . UNION (Pqthak, 1.) 731 The CO!ldition required that the applicant should have been a sportsman who bad A represented his Wliversity iB an Inter.Unive11ity Tournament conducted by the Inter-University Sports Board. Tile appellant did qualify, and was selected, fOr repreaenting the Mithila University in the Inter-University Toornament at the Banaras Hindu University in the year 1972. All that remained was that he should have participated in tho tournament. Unfortunately, for him, he fell ill and was unable to do so. The fact that he fell ill, and for that reason was unablo to represent his univ0I1ity, is not disputed. There is nothing to show B that but for that illness he· would not have actually taken i>OFt in the tournament. On a reasonable view of the facts the apellant should be taken to have · fulfilled the conditions of eligibility. [732 G-H, 733 Al ,. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2994 of 1979. I 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. S. Chitale and.P. P. Singh for the Appellant. R. B. Datar and Miss A. Subhashini for the Respondent. The Judgment of the Court was delivered by PAmAK, J : This appeal by special leave is directed againstan order of the Patna High Court dismissing the appellant's writ petition against the termination of his services. 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 etJniversity, 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 &cise 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 atte~ted copies only of the sports certificates along: with his application foe appointment and he was directed to submitJthe:original certificates. The appellant forwarded the original certificates. Nothing happened for some time, and the appe!Iant 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 I , c D E I!' G H A B c E G b , <)' 732 SUPREME COURT RBPUK I> [1980] 3 S.C.lt. 'Yhich he had represelltOd the University. OR 27tl!. Fel!lruary, 19V8 the llf>P~ltmt refet'l'etlto ttib Sp