UMA SHANKAR SHARMA versus THE UNION OF INDIA AND ORS.

Citation: [1980] 3 S.C.R. 730 · Decided: 17-04-1980 · Supreme Court of India · Bench: R.S. SARKARIA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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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 
Universi-
ties in the Inter 
UniVersity 
Tournament 
conducted by the Inter-University 
Board''-Terms ·and conditions of service should be construed reasonably. 
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The appellant was selected for and appointed in a temporary vacancy of Ins-
pector of Central Excise, as be was found to be a "Sportsman who has repre-
sent¢ 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 purport-
ing 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. 
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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 em-
bodied 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. 
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UMA SHANKER v . . UNION (Pqthak, 1.) 
731 
The CO!ldition required that the applicant should have been a sportsman who bad 
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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 
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that but for that illness he· would not have actually taken i>OFt in the tourna-
ment. On a reasonable view of the facts the apellant should be taken to have · 
fulfilled the conditions of eligibility. [732 G-H, 733 Al 
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CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2994 of 1979. 
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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. Subhas

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