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Madhya Pradesh High Court · body

2009 DIGILAW 330 (MP)

Sachin v. State of M. P.

2009-03-16

VINEY MITTAL

body2009
ORDER (Oral) 1. This order shall dispose of two writ petitions being WP No. 9390/2003 and WP No. 9391/2003, as the facts in these petitions are identical. For the sake of convenience, the facts are borrowed from WP No. 9390/2003. 2. The petitioner-Sachin Falak has approached this Court for issuance of directions to the respondents that since he was a distinction holder in the sport of Soft Ball and had participated in five National level competitions of the said sport, therefore, he be awarded Eklavya award by the State Government. The petitioner in support of his claim has relied upon the Rules framed by the State Government on June 23, 2001. 3. Without commenting on the averments made in the petition, it may be noticed that the factum of the petitioner having participated in the Soft Ball at the National level and having acquired distinction in the said sport has not been disputed by the respondents. However, it is maintained that since the sport of Soft Ball was not very prevalent in the State of Madhya Pradesh, therefore, no decision had been taken by the State Government to award Eklavya award for distinction holders participating in the said sport. 4. A rejoinder has been filed by the petitioner. In the said rejoinder, the petitioner has maintained that as a matter of fact, the State Government had itself awarded Eklavya award to one Amit Verma in the year 2001 for his participation in the Soft Ball and therefore it could not be suggested that the petitioner was not entitled to the Eklavya award for his participation in the Soft Ball. The petitioner has also disputed the fact that Soft Ball was not being played in the State and has pleaded various facts to show that the said sport was duly played in the State of Madhya Pradesh also. 5. After hearing the learned counsel for the parties and on consideration of the various pleas raised by them, I find that the stand taken by the respondents cannot be said to be absolutely correct and it appears that the sport of Soft Ball is also played in the State of Madhya Pradesh, and in the past also Eklavya award had been awarded to the participants of the said sport. Therefore, it would be appropriate to direct the Competent Authority of the State Government to reconsider the claim made by the petitioner for the Eklavya award for his participation in the Soft Ball sport. 6. For the aforesaid purpose, the petitioner shall be required to approach the Competent Authority by filing a detailed and comprehensive representation, by appending all the relevant documents therewith. 7. If any such representation is filed by the petitioner before the Competent Authority then a detailed and speaking order shall be passed by the Competent Authority within a period of six months from the date of filing of the said representation.