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2012 DIGILAW 666 (HP)

Inderjdeet Kaur v. State of Himachal Pradesh

2012-10-03

RAJIV SHARMA

body2012
Judgment Rajiv Sharma, J. 1. The Deputy Director (Panchayati Raj), Himachal Pradesh vide letter, dated 15.09.2011, informed the Block Development Officer, Nalagarh, District Solan, Himachal Pradesh to fill up 8 posts of Panchayat Sahayaks as per roster circulated and one post was reserved for Sportsperson (Unreserved). Respondent No. 3 issued a public notice, dated 27.09.2011, whereby applications were invited for the post of Panchayat Sahayaks from eligible candidates and the last date of receipt of application was 11.10.2011. Petitioner submitted an application for considering her candidature for the post of Panchayat Sahayak against the post reserved for Sportsperson (Unreserved). According to the averments made in the petition, the petitioner participated in Inter College Power Lifting Championship held in 2005-06 and ranked 3rd in the said Championship. She has also participated in Kabaddi tournaments at District level. She also participated in National Style Kabaddi tournament as per Annexure P-7. 2. Petitioner and similarly situate persons were interviewed on 03.02.2012. However, the fact of the matter is that the petitioner was not issued appointment letter. According to the petitioner, on the basis of certificates annexed with the application, she was required to be considered for appointment against the post reserved for Sportsman (Un-reserved). 3. Case of the respondent-State is that after scrutinizing all the documents submitted by the petitioner and similarly situate persons, who have applied for the post of Panchayat Sahayak against the reserved post of Sportsman category, it was found that they did not fulfill the criteria laid down as per letter, dated 28.05.1999 read in conjunction with letter, dated 10.02.2011. 4. Mr. H.S. Rana, learned counsel for the petitioner has vehemently argued that the candidates, who have applied for the post of Panchayat Sahayak against the reserved post of Sportsperson category, were not required to be considered as per the criteria laid down vide letter, dated 28.05.1999 read in conjunction with letter, dated 10.02.2011. 5. Mr. Vikas Rathore, learned Deputy Advocate General has strenuously argued that the petitioner was not found eligible as per the criteria laid down in Annexure R-1, dated 10.02.2011 and Annexure R-2, dated 28.05.1999. According to him, the petitioner won only one medal in Inter College level and has only participated in Kabaddi tournaments in District level. 6. I have heard the learned counsel for the parties and gone through the pleadings carefully. 7. According to him, the petitioner won only one medal in Inter College level and has only participated in Kabaddi tournaments in District level. 6. I have heard the learned counsel for the parties and gone through the pleadings carefully. 7. Petitioner, though applied under Sportsperson category, but her case was to be considered as per the norms laid down in letter, dated 28.05.1999. The letter dated 28.05.1999 has been issued for providing reservation to the distinguished sports person in various services under the Government. 3% reservation has been provided for direct recruitment posts in Class-III and Class-IV categories in all the State Government Departments, Boards and Corporations etc. According to letter dated 28.05.1999, the criteria for selection of Outstanding Sportspersons, who are eligible for employment in Government Departments/Boards/Corporations and Universities is as under: “The various sports competitions will be classified as follows: Category No. 1 : I. Medal winners of Olympic Games/Winter Olympics. II. Commonwealth Games. III. Medal winners of Asian Games/Winter Asiad. Category No. II : I. Participation in Olympic Games. II. Participation in Commonwealth Games. III. Participation in Asian Games. Category No. III : I. Medal winners in National Games. II. Medal winners in recognized Senior National Championship. Category No. IV : I. Medal winners in All India Inter Versity Sports Tournament. II. Medal winners in All India National School Games. III. Medal winners in recognized Jr. National Sports Championship.” 1. 8. The respondent-State has added another Category No. IV(II) vide letter, dated 10.01.2011. The petitioner’s case does not fall in any of the above-noted categories. She was third in Inter College Power Lifting Championship and has only participated Kabaddi tournaments at District level and in National Style Kabaddi tournament, but has not won any medal. 9. This Court in Rajinder Singh Vs. H.P. Subordinate Service Selection Board Hamirpur and others, C.W.P. No. 1120 of 2009-B, decided on 12.06.2012 has held that the candidates to be appointed under Sportsperson category must fulfill the criteria prescribed by the State Government vide letter, dated 28.05.1999 and the other instructions issued from time to time on the subject. 10. Accordingly, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any. No costs.