O. P. GARG, J. ( 1 ) THE neat question which arises for consideration and determination in the present writ petition is whether Body Building is one of the species of the generic expression gymnastics, which undoubtedly is recognized as sports/ games. This controversy has travelled upto this Court in the following circumstances : the State Government had taken a policy decision by issuing a Government Order No. 01/6-PU-10-98 dated 2. 1. 1999, a copy of which is Annexure-2 to the writ petition and C. A. 2 to the counter-affidavit, whereby 2 per cent of the vacancies in the recruitment year for the post of sub-Inspector in Civil Police/platoon Commander in P. A. C. . were to be filled by direct recruitment who have excelled in the field of sports. Pursuant to this G. O. an advertisement, annexure-1, was made inviting applications from sportsmen of superlative category for interview/trial/selection. The petitioner. Amit Chaudhary, who admittedly is Body Builder of national repute having been awarded the title of mr. India and a number of other meritorious awards and recognitions, applied for the post. To his misfortune, his application was not taken for consideration as he was not considered to fall within the category of sportsman. The decision of the departmental authorities obviously irked the Body Builders and their Association agitated, as it was, espoused the cause of the petitioner by approaching the departmental authorities as well as the Governor of the State. It was maintained that if a Body Builder is not considered to be a sportsman as has been done by the departmental authorities, the decision is likely to bring down the morale of the Body Builders and will mar their future prospects. The special Secretary to Governor of Uttar Pradesh addressed a letter dated 15. 7. 1999 to the Director general of Police, Lucknow, a copy of which is Annexure-5 to the writ petition, forwarding therewith a copy of the representation made by the Association. (Annexure-4 ). It appears that the departmental authorities did not change their stand and instead wrote to the Principal Secretary, home. U. P. Shashan Lucknow on 29. 7. 1999 by addressing a letter, a copy of which is annexure-C. A. 3 with the request that the G. O. dated 2. 1. 1999 be amended so as to exclude cricket, Table Tennis, Tennis. Cycling, Body Building, Rifle shooting, Khokho and Golf from the expression sports/games. U. P. Shashan Lucknow on 29. 7. 1999 by addressing a letter, a copy of which is annexure-C. A. 3 with the request that the G. O. dated 2. 1. 1999 be amended so as to exclude cricket, Table Tennis, Tennis. Cycling, Body Building, Rifle shooting, Khokho and Golf from the expression sports/games. No decision, it appears has been taken by the State Government as yet, in the matter. By means of this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to the respondents to hold selection of the petitioner for appointment to the post of Sub-Inspector, in pursuance of the advertisement dated 20. 4. 1999. Annexure-1 and the G. O. dated 2. 1. 1991, Annexure-2 to the writ petition in the sports quota. ( 2 ) COUNTER and rejoinder-affidavits have been exchanged and with the consent of the learned counsel for the parlies, this writ petition is being finally disposed of under the Rules of the Court, at this stage. ( 3 ) SRI Ranveer Singh. Assistant Commandant (Dy. Superintendent of Police ). 35 Bn. P. A. C. . Lucknow, who is attached in the office of D. I. G. . P. A. C. Lucknow and is also working as Sports officer U. P. Police has filed a counter-affidavit and also appeared before this Court to support the stand of the department. The stand taken in the counter-affidavit is that though there are 20 disciplines in games and sports. In which recruitment could be made in the light of the G. O. , the u. P. Police/p. A. C. Recruitment Board has decided that the candidates falling only in 12 disciplines be considered for recruitment as the said 12 disciplines are part of Alt India competition which are held under the aegis of All India Police Sports Control Board, New Delhi ; that for want of the infra-structural facilities in U. P. Police, recruitment in any other discipline is not feasible and in the meeting held on 20. 3. 1999, in which Director General of Police was the chair person, it was decided to recruit the persons belonging to Athletics. Hockey, Swimming. Weightlifting, Boxing, Judo. Basketball, Football, Volleyball, Wrestling, Gymnastic, Kabaddi disciplines only. In pursuance of the decision of the Recruitment Board, a reference has been made to the State Government to delete the remaining 8 disciplines including Body Building. Hockey, Swimming. Weightlifting, Boxing, Judo. Basketball, Football, Volleyball, Wrestling, Gymnastic, Kabaddi disciplines only. In pursuance of the decision of the Recruitment Board, a reference has been made to the State Government to delete the remaining 8 disciplines including Body Building. It is further asserted that since the petitioner is a Body Builder and Body Building was not included as a game for selection by Police/p. A. C. Recruitment Board, his candidature was not considered. ( 4 ) HEARD Sri K. M. Tripathi, holding brief for S/srl Rahul Sripath and Dharmendra Singhal, learned counsel for the petitioner as well as learned standing counsel Sri Ranveer Singh, Sports officer. U. P. Police at considerable length. Learned standing counsel as well as Sri Ranveer singh on behalf of the respondents urged that judged from the national and international standards and parameters, it would be obvious that Body Building does not fall within the category of any game or sport. This submission was founded on the plank that Body Building lacks an element of competition and is merely a display of ones own body resulting in Individual performance. The Body Builders, it was pointed out, come on the stage as a show piece flexing and moving their muscles all over the body, particularly the thighs, stomach, chest and biceps. In substance, it was urged that it is a show of ones own body figure and since no standard of parameters have been prescribed in this field, any person who may be interested in the field may exhibit his body, which he has developed in course of time. It was further pointed out that the show of body, though may receive admiration, but cannot be a source of enjoyment or entertainment. All the above arguments including the one that the activity of Body Building is bereft of calibre or skill, were capped by a generalized example that a person who has received recognition as Mr. India is just like a female being declared in a beauty contest as miss India or miss Universe. Such contests, it was urged, require no coordination, agility or body control. These submissions on behalf of the respondents have been repelled by Sri Tripathi on behalf of the petitioner. ( 5 ) I have given thoughtful consideration to the seemingly convincing submissions made on behalf of the respondents but find myself unable to subscribe to their views. Such contests, it was urged, require no coordination, agility or body control. These submissions on behalf of the respondents have been repelled by Sri Tripathi on behalf of the petitioner. ( 5 ) I have given thoughtful consideration to the seemingly convincing submissions made on behalf of the respondents but find myself unable to subscribe to their views. The expression sports means a game or competitive activity especially an outdoor one involving physical exertion, e. g. , Cricket, Football, Racing, Hunting etc. Such activities collectively form part of the world of sport. A game is a form or spell of play or sport especially a competitive one played according to rules and decided by skill strength or luck. The expression game also, comprehends athletics or sports as organized activity. An athlete is a skilled performer in physical exercises especially in track and field events, i. e. , a healthy person with natural athletic ability. An English judge Widgery in the case of Adcock v. Wilson, (1967) 1 All R 1037. spoke of game a-s a part lime in the following words : "i think that an ordinary man, when talking of playing a game, is talking of something which involves entertainment he is talking of something which involves excitement and fun in the common pursuit by a number of competitors of a similar and known object, and it seems to me exceedingly difficult to produce those elements which the common man would ascribe to a game if the participants are in separate places with no communication between them whilst the activity is going on, and thus, no sort of opportunity of seeing how their competitors are progressing and i would have thought, none of the excitement and entertainment which any true game can provide. " The history of games has been recorded from page 870 in the 7th Vol. of Encyclopaedia britannlca. Importance, purpose and functions of the games have been succinctly specified. A reading of this compilation on the point indicates that the games are intended to work as physical outlet, display of skill and spectators entertainment. A body is the physical structure including the bones, flesh, and organs of a person. Body Building is an activity of practice of strengthening the body, especially shaping and enlarging the muscles by exercise. A reading of this compilation on the point indicates that the games are intended to work as physical outlet, display of skill and spectators entertainment. A body is the physical structure including the bones, flesh, and organs of a person. Body Building is an activity of practice of strengthening the body, especially shaping and enlarging the muscles by exercise. Body Building and weightlifting are undoubtedly inextricably interwoven and as species of Gymnastic and discipline have been universally recognized as game/sport. Gymnastic sports involve physical exercise, specifically systematic and usually rhythmic exercises (calisthenics) and performances on rings, bars and other apparatus to promote strength, suppleness, agility, coordination, and body control. They also include the lifting of weights to increase strength and improve physical fitness. This aspect of the matter has been dealt with under the heading "gymnastic and weightlifting Sports" from page 513 in the Encyclopaedia Britannica Vol. 8. Gymnastic exercises are well known for developing suppleness, grace, and coordination. The execution of gymnastic exercise is entirely subjective, for it is practiced without the aid of any mechanical measurements and results depend entirely upon human Judgment and interpretation. Systematic exercises involving movements of the arms, legs, torso and other parts of the body are employed for loosening up muscles prior to engaging in competition and also for long range physical conditioning. The competitive aspect of Gymnastics differs from that of physical conditioning, for it not only is a form of physical conditioning in itself but is the end result of such exercise. It consists of an infinite variety of movements on the various apparatus and on the floor, requiring individual ingenuity in their composition, skill in their performance and harmony in their combination. The Gymnastic exercise is not only recognized for recreation but it has thereapeutic value and offers a means of developing a high degree of discipline of both mind and body- Performance of a Gymnast is judged solely on the execution of defined exercises, including acrobatic/somersaults, while in flight, using spring board, horizontal bars, parallel bars, floor etc. The gist of Gymnastic performance is the fluency of performance, correctness of the execution and the beauty of combining the various movements and component parts in the exercise. The gist of Gymnastic performance is the fluency of performance, correctness of the execution and the beauty of combining the various movements and component parts in the exercise. In The World Book Encyclopaedia (World Book International) Volume 8, at page 440, the expression gymnastics has been elaborated in the following terms :"gymnastics is a competitive sport for both men and women in which participants demonstrate body control over a wide range of acrobatic exercises and other movements. Gymnastics activities may use either heavy or light equipment and a variety of mats. Gymnastics can also be a recreational or educational activity. . . . . . Gymnasts must develop balance, endurance, flexibility, and strength. A serious gymnast will devote many hours to practice. . . . . . Gymnastics has been a part of the Olympic games since the modern Olympics began in 1896. Worldwide television coverage of the Olympics has helped gymnastics grow remarkably as a spectator sport. " ( 6 ) IN encyclopaedia Americana Vol. 13. page 639, Gymnastics has been described as a sport in which physical feats requiring strength, balance, flexibility and agility are performed in an artistic manner. The word derives from the Greek gymnos meaning naked (and gymnozein, meaning to train (athletes) naked. It originally encompassed competition in track and field events, wrestling, boxing, and chariot racing. Later, the term was used for activities such as marching. calisthenics, hand apparatus exercises, and heavy apparatus stunts. In modern usage, gymnastics denotes a sport comprising specific events with prescribed performance ratings for the various skills. In short. Gymnastics is an expression to connote exercise developing or displaying physical agility and coordination of the body and a gymnast is a person who is an expert in Gymnastics. Gymnastics has, therefore, been universally accepted, recognized and acknowledged as an activity of sports and games. In the list of games/sports. Gymnastics is one of the 29 games/sports recognized by the Association. This list is annexed to the Rules and regulations of the Indian Olympic Association. In the Rules for All India Police Sports and control Board and All India Police Games, 6th Ed, as amended upto 10. 4. 1995, produced by Sri ranveer Singh. Sports Officer, appearing on behalf of the respondents, Gymnastics is one of the games recognized for All India Police Sports Meet. In the Rules for All India Police Sports and control Board and All India Police Games, 6th Ed, as amended upto 10. 4. 1995, produced by Sri ranveer Singh. Sports Officer, appearing on behalf of the respondents, Gymnastics is one of the games recognized for All India Police Sports Meet. To say that the expression gymnast does not comprehend within its sweep the activity of Body Building is to deny the stark reality. Body building cannot be equated with beauty contest. Beauty contest is held for altogether different purposes and as of today, it is not a game/sport. The smart and sporting females take part to exhibit their beauty and talent, which have nothing to do with the Gymnastic activity. There are no rhythmatic, coordinated and skillful exercises in beauty contests. In such a competition, figurative beauty is the dominant consideration. Apart from the various yardsticks of measurement and specifications, facial expression, features and contours take precedence. While a Body Builder has to exhibit and show his body virtually in a naked (except the loin cloth) form to flex muscles and move his body-organs, such is not the case in a beauty contest of females. ( 7 ) THE Body building is the result of the consistent endeavour to grow and develop the body in a coordinated manner and the natural growth and movements of the muscles of the different parts of the body take place in a graceful sequence. There are regular competitions between Body builders and when they are exhibiting their shapely body, enlarged muscles and developed organs of the body, the spectators are thrilled with excitement and entertainment. The conclusion that the Body Building is an integral and inseparable part of a game or sport, is fortified from the following passage incorporated at page 418 of the the World Book Encyclopaedia (World book International) Volume 2 : "body building is a sport that emphasizes the development of certain muscles through a regular routine of exercises. These exercises place stress on the muscles through weightlifting. As individuals repeat the exercises, using increasingly heavier weights, the size and strength of their muscles increase. Body building is a competitive sport for both men and women at the amateur and professional levels. Official competitions are governed by the International Federation of bodybuilders (IFBB), which establishes weight categories and judging criteria. As individuals repeat the exercises, using increasingly heavier weights, the size and strength of their muscles increase. Body building is a competitive sport for both men and women at the amateur and professional levels. Official competitions are governed by the International Federation of bodybuilders (IFBB), which establishes weight categories and judging criteria. Competitors are not judged on strength, but on elements of their body form, such as muscles shape and size and the definition and proportion of their muscles. Body building is also a conditioning and fitness activity. Many athletes use body-building techniques to increase strength, speed, endurance, flexibility, and coordination. Body Building also benefits overall fitness by improving blood circulation and strengthening the heart. " ( 8 ) IN view of the above, one cannot escape from the finding that Body Building is a competitive sport for both men and women at the amateur and professional levels. It appears that taking into consideration the above facts, the State Government in the G. O. dated 2. 1. 1999, Annexure-2/ca 2, has mentioned at sl. No. 15 in the list of 20, games that Gymnastics include Body Building. This is the conscious decision of the State Government and it was in pursuance of this G. O. that the advertisement dated 22. 4. 1999, Annexure-1 was made. The Special Recruitment Board cannot take a policy decision which may be in conflict or opposition to the decision, of the State government. A faint suggestion was made on behalf of the respondents that the Board has referred the matter to the State Government for deleting Body Building as a part of Gymnastic besides some other sports and games and since there are no Rules on the points, it was suggested that the G. O. aforesaid would not come in the way of the Recruitment Board to deny an opportunity for interview/trial/ selection of the petitioner. The impression which has been gathered by the respondents appears to be that the G. O. which is in the nature of executive instructions, having no force of law, is not binding. The conclusion deduced by the respondents is not legally sustain able. The impression which has been gathered by the respondents appears to be that the G. O. which is in the nature of executive instructions, having no force of law, is not binding. The conclusion deduced by the respondents is not legally sustain able. In the scheme of our Constitution, the Governor is the Executive Head of the State and all executive powers of the State are vested in the Governor by virtue of Article 154 and subject to the provision of the Constitution, the executive powers of a State extend to the matters with respect to which the State Legislature has power to make law in view of Article 162 of the Constitution. The G. O. in question is traceable for the source spring of It; power to the executive power of the State vested in the Governor under Article 162 of the Constitution. In the absence of the Rules framed under the legislative power under Article 309, the G. O. in question is no doubt a source of law being in the nature of executive instructions. When there is no statutory power empowering the Executive to make Rules, and such Rules are made under the general executive power conferred by Art. 154 (1) or 162, even then, it has been held that such rules may be enforceable, in certain circumstances, provided they do not conflict with any existing law or any provision of the Constitution. Balaji v. State of Mysore, AIR 1963 SC 649 . But once a policy has been made known and acted upon, it cannot be arbitrarily departed from without formulating another policy and making that policy known. If that is done, the Court might interfere even though the matter involves Defence personnel Sangwan v. Union of India, air 1981 SC 1545 . Thus, the Government order dated 2. 1. 1999. Annexure-2/c. A. 2 has a binding effect. It has been issued in the name of State Government obviously for and on behalf of the Governor exercising the power under Article 162 of the Constitution of India. So long as the matter continues to be governed by the aforesaid Government order, the Special Recruitment board is bound to give effect to the order--both in letter and spirit. It has been issued in the name of State Government obviously for and on behalf of the Governor exercising the power under Article 162 of the Constitution of India. So long as the matter continues to be governed by the aforesaid Government order, the Special Recruitment board is bound to give effect to the order--both in letter and spirit. To say that a recommendation has been made to the State Government to delete certain games, including Body Building from the list of sports specified in the aforesaid G. O. is nothing but an attempt to subvert the existing g. O. So long as the G. O. , is not amended and the activity of Body Building is included in the head of "gymnastics" the respondents cannot ignore the claim of those candidates who squarely fall within the four corners of the G. O. ( 9 ) THE case of the petitioner who is a Body Builder is well merited oh the strength of the G. O. dated 2. 1. 1999 which prescribes that a person shall be treated to be a sportsman if he is Gymnast which includes Body Builder. The petitioner has been unlawfully and in an arbitrary manner refused to be considered for interview/trial/ selection. The petitioner has a right to be considered for interview/trial/ selection for the post of Sub-Inspector in Civil Police/platoon Commander in p. A. C. in the sports quota if otherwise he is found eligible by possessing the requisite minimum qualifications. ( 10 ) BEFORE parting with, it would be apposite to deal with the last submission of learned counsel for the respondents. It is trite, hackneyed and insignificant to contend that since there is no infrastructural facility available with the department to develop a Body Builder, therefore, on the post for which recruitment is being made. Body Builder is not required by the department. This submission cannot, but be branded as otiose for one simple reason that the State Government has taken a policy decision after due deliberation and consideration that a Body Builder shall also be treated as sportsman for purposes of recruitment in sports quota. ( 11 ) THE writ petition succeeds and is allowed. This submission cannot, but be branded as otiose for one simple reason that the State Government has taken a policy decision after due deliberation and consideration that a Body Builder shall also be treated as sportsman for purposes of recruitment in sports quota. ( 11 ) THE writ petition succeeds and is allowed. The respondents are directed to consider the candidature of the petitioner for interview/trial/ selection for appointment to the post of Sub inspector in Civil Police/ Platoon Commander in P. A. C. To be more specific, it is clarified that the candidature of the petitioner for consideration to the aforesaid posts in the sports quota shall not be rejected merely on the ground of petitioner being a Body Builder, does not fall within the category of sportsman. .