M. Yaqoob, J.:-- 91 posts of Physical Education Teachers, District Cadre Pulwama were to be filled up with the following break-up: OM =53 RBA =18 SC =7 ST =9 ALC =3 OSC =1 Total =91 The qualification prescribed, as reflected in the advertisement notice, is as under: "Matric with certificate course in Physical Education. Preference being given to those who have a good sports career, or graduates with outstanding sports career or with basic course in Skiing and Mountaineering. The qualification is in tune with what is prescribed in Schedule B (Technical/ Executive) of the Jammu & Kashmir Educational (Subordinate) Service Recruitment Rules, 1979, as it appears therein at serial No. II(c)". 2. The criteria fixed and adopted by S. S. R. B, which has not been challenged, is as under:- Matric =15 pts. C.P. Ed =15 pts. B.P.Ed/B.PE =15 pts. M.P.Ed =15 pts. Graduation =05 pts. Outstanding Sports career National =10 pts. International =20 pts. Viva Voce =20 pts. Total =100 pts. 3. The respondent (hereinafter referred to as the writ petitioner) also competed under the category OM and figured in the provisional select list as was notified but disappeared in the final selection list, prompting him to invoke the writ jurisdiction. 4. From the reply to the writ petition filed by the appellants, what would emerge is that 10 points awardable for outstanding sports career at National Level were awarded to the writ petitioner for possessing certificate of participation as a player in the 1st Senior National 20-Cricket Championship (Mens), held at Ludhiana, Punjab from 12th June to 15th June, 2008, organized by Punjab State 20-Cricket Association under the auspices of 20-Cricket Federation of India. Doubts were raised about the certificates as were produced by various candidates, faced with said position experts from Youth Services and Sports Department are stated to have been requested by Service Selection Board to examine the certificates, who in the process opined that 1st Senior National 20-Cricekt Championship was not recognized. Based on the said opinion, weightage of 10 points as were awarded to the writ petitioner were deducted, resultantly he could not make the grade, so did not figure in the final select list. 5.
Based on the said opinion, weightage of 10 points as were awarded to the writ petitioner were deducted, resultantly he could not make the grade, so did not figure in the final select list. 5. Learned Writ Court has concluded that in the advertisement notice it was nowhere prescribed that the candidate must possess certificate in respect of recognized sports event, therefore, weightage of 10 points for the said certificate awarded in favour of the Writ Petitioner could not be deducted. Finally the Writ Court has issued the following directions :- "The respondent No. 2-J&K Service Selection Board, is directed to accord consideration to the claim of the petitioner for being selected on the post of Physical Education Teacher advertised vide notification No. 06 of 2008 dated 28.05.2008 and while according such consideration, the points, allocated to the sports certificate of the petitioner shall be given to him. Respondent No. 2 is further directed to make recommendations to the respondent No. 1, who, on receipt of such recommendation will consider claim of the petitioner for being appointed to the post of Physical Education Teacher in District Pulwama, preferably within a period of eight weeks from the date of receipt of recommendations." 6. We have heard learned counsel for the parties. The question which arose for determination is as to whether the certificate favouring writ petitioner having participated in the 1st Senior National 20-Cricket Championship, constitutes outstanding sports career at National level. First of all it has to be ascertained what does outstanding sports career at national or international level mean. This important aspect has not been addressed in the impugned judgment. 7. In the Jammu & Kashmir Educational (Subordinate) Service Recruitment Rules, 1979, it is not defined as to what good sports career or outstanding sports career means. Since it provides for preference, therefore, it has to be construed in a manner which may advance the object. Therefore, it is required to be equated with the definition of outstanding sports person required for appointment under sports category or for selection in sports category in professional institutions. In this connection it shall be useful to notice as to what is the definition of outstanding sports person as appear in the Jammu & Kashmir (Appointment of Outstanding Sports Persons) Rules, 1998, as notified vide SRO 349 dated 22nd December, 1998 forming Annexure G to the Reservation Rules, 2005.
In this connection it shall be useful to notice as to what is the definition of outstanding sports person as appear in the Jammu & Kashmir (Appointment of Outstanding Sports Persons) Rules, 1998, as notified vide SRO 349 dated 22nd December, 1998 forming Annexure G to the Reservation Rules, 2005. Rule 2(ii) is relevant to be quoted: "2.Definitions --. (i) (ii) Outstanding sports persons means:- (a) a person who has represented India at the Olympic Games/SAARC Games/Common Wealth Games/Asian Games or other officially recognized test matches and World Cup competitions in any of the games of sports mentioned in Annexure (i) annexed to these rules; (b) a person who has won first, second or third position in the individual or team events in National or All India Inter-State Competition (senior level officially recognized) in any of the games or sports mentioned in Annexure I, annexed to these rules". 8. The representation in 1st Senior National 20-Cricket Championship as a player, regarding which writ petitioner possesses certificate, does not fit in any one of the games or sports as appear in Rule 2(ii)(a). Rule 2(ii)(a) provides that a person must have won first, second or third position in individual or team events in National or All India Inter-State Competitions (senior level officially recognized) in any of the games or sports. The writ petitioner does not fit in this category also on two counts, firstly 1st Senior National 20-Cricket Championship is not recognized, secondly even if it would have been recognized or there was no requirement of recognition, still the team has not won first, second or third position in the championship. Therefore, on both counts he does not possess the requisite outstanding sports career at National level. 9. It shall also be useful to notice as to how outstanding proficiency in sports for the purposes of selection in professional institutions has been defined in the Jammu & Kashmir Certification of Outstanding Proficiency in Sports Rules, 2008. Rule 2 (A) is relevant to be quoted as under :- "2.Definition --.
9. It shall also be useful to notice as to how outstanding proficiency in sports for the purposes of selection in professional institutions has been defined in the Jammu & Kashmir Certification of Outstanding Proficiency in Sports Rules, 2008. Rule 2 (A) is relevant to be quoted as under :- "2.Definition --. In these rules unless the context otherwise requires: (A) Candidates possessing outstanding proficiency means:- (i) a person who has represented India at the Olympic Games, Asian Games, SAARC Games, Common Wealth Games or other officially recognized Test Matches/World Cup competition in any of the games/sports mentioned in Schedule I annexed hereto; or (ii) A person who has participated and secured one of the first three positions in the individual events or was a member of the team which obtained first or second position in the National Championship for Junior or Senior events in any sports or games as mentioned in the Schedule I annexed to these rules for such of the course where the prescribed qualification is 10+2. Provided that for selection to such of the courses where prescribed qualification is Metric, participation in sub-junior National events shall be sufficient. (iii) The events in which the proficiency is to be determined are as follows:- (a) National School Games held under the auspices of School Games Federation of India; or (b) Mini National Championship under respective recognized Federation; or (c) All India Rural Sports Tournaments under Sports Authority of India; or (d) Women Sports Competitions under Sports Authority of India; or (e) Federation Cups/All India Open Tournaments under respective recognized Federations; or (f) Vijay Hazare Tournaments; or under the Board of Control for Cricket; (g) Vijay Merchant Tournament; (h) Ranji Trophy Tournament; (i) National Championship under respective recognized Federation; or (j) National Sub-Junior Championship under respective recognized Federations (for course where prescribed qualification is Matric only); or (k) C. K. Naidoo Trophy under School Games Federation of India and Cooch Bihar Trophy under the Board of Control for Cricket in India. (l) C. K. Naidoo under 22 Trophy Cricket Tournament". 10. The writ petitioners participation in 1st Senior National 20-Cricket Championship held under the auspices of 20-Cricket Federation of India was not recognized as clearly stated in the reply, same averment has not been controverted, so does not fit in any of the above categories. 11.
(l) C. K. Naidoo under 22 Trophy Cricket Tournament". 10. The writ petitioners participation in 1st Senior National 20-Cricket Championship held under the auspices of 20-Cricket Federation of India was not recognized as clearly stated in the reply, same averment has not been controverted, so does not fit in any of the above categories. 11. While summing up, what emerges is that writ petitioner was not entitled to 10 points weightage for outstanding sports career as has been rightly done. Therefore, judgment impugned is unsustainable, as such, set aside. As a necessary corollary, writ petition shall stand dismissed. 12. Appeal accordingly succeeds. ___________