In a significant case, the Supreme Court directed the Income tax department to consider the non-objection certificate (NOC) submitted for the accommodation of a candidate for employment based on Sport Quota in the Income Tax Department.
V. Chitambaresh, Senior Counsel appeared for the petitioner, Liksy Joseph and Mr. Arijit Prasad, Senior Counsel appeared for the respondent Nos. 1 and 2. The respondent No.4 is represented by Mr. Kaushik Laik.
A notice was issued by the Income Tax Department, Kerala for the recruitment of meritorious sports persons against sports quota vacancies for the year 2016-2017. Sports persons who are already employed by the Central Government ,State Government or PSU, under the advertisement issued on 10.08.2016 are required to furnish NOC from the present employer and such NOC is to be enclosed with the application.
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 an appointment only because she failed to enclose the NOC from her employer (Central Railways) along with her application.
It was submitted 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 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.
It was argued that the recruiting Department should consider the petitioner for appointment against the sports quota vacancy by eligibility and merit position. It was further pointed out that a vacancy of Income Tax Officer/Tax Assistant continues to exist as one of the selectees has not joined and the petitioner can be accommodated in the said vacancy.
A two-judge bench comprising Justice Hrishikesh Roy and Justice Sanjay Karol held that “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.”
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