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Himachal Pradesh High Court · body

2014 DIGILAW 528 (HP)

Anjana Kumari v. State of Himachal Pradesh

2014-05-05

RAJIV SHARMA

body2014
Judgment : Justice Rajiv Sharma, Judge. Petitioner got herself registered with the Sports Department vide registration No. 492/2011 dated 7.4.2011. Respondent No.4 got himself registered with respondent No.3 vide registration No.500 dated 19.5.2011. State Government has taken a policy decision to provide 3% reservation to distinguished sports persons in the Government Departments, Boards, Corporations and Autonomous Bodies to encourage the sportsperson, who have participated in International, National and Inter State Tournaments vide notifications dated 28.5.1999 and 22.1.2002. 2. Respondent No.2 requisitioned the names of sportspersons on 13.9.2011 for filling up the post of Lecturer Chemistry (School Cadre). Respondent No.3 recommended the name of respondent No.4 on 23.12.2012. 3. Mr. Bhupinder Pathania has vehemently argued that petitioner was more meritorious in sports vis-à-vis respondent No.4. According to him, notification dated 28.5.1999 and the Rules of Employment Cell for Distinguished Sports Persons have not been followed by respondent No.3 while recommending the name of respondent No.4. 4. Mr. Neeraj Sharma, learned Deputy Advocate General and Mr. Surender K. Verma have vehemently argued that respondent No.4 was more meritorious vis-à-vis petitioner. 5. I have heard the learned counsel for the parties and have gone through the pleadings carefully. 6. The procedure for the Employment Exchange to register the names of distinguished sportspersons has been provided in notification issued on 28.5.1999 (Annexure P-9) read with Rules of Employment Cell for Distinguished Sports Persons. Petitioner and respondent No.4 have got their names registered with the Sports Persons Recruitment Cell as per these instructions. Respondent No.3 after receiving requisition constituted a State Level Selection Committee, which met on 9.12.2011. Committee recommended the name of respondent No.4 to the State Government on 20.12.2011. Comparative merit of the petitioner vis-à-vis respondent No.4 has been placed on record vide Annexure R-3 alongwith Annexure R-5. Petitioner has only participated in 24th Senior National Championship, Agra with effect from 12.1.2003 to 17.1.2003, 29th Senior National Championship, Cuttak with effect from 24.2.2008 to 29.2.2008 and 32nd Senior National Championship, Chandigarh with effect from 5.2.2011 to 10.2.2011. She has also participated in 22nd Senior State Championship, Parwanoo on 24.12.2010 and 25.12.2010. Respondent No.4 has participated in Senior National Championship with effect from 26.2.2009 to 2.3.2009, Senior National Championship, Haridwar with effect from 17.12.2009 to 21.12.2009 and Senior National Championship, Andheri (W), Mumbai with effect from 25.3.2011 to 28.3.2011. She has also participated in 22nd Senior State Championship, Parwanoo on 24.12.2010 and 25.12.2010. Respondent No.4 has participated in Senior National Championship with effect from 26.2.2009 to 2.3.2009, Senior National Championship, Haridwar with effect from 17.12.2009 to 21.12.2009 and Senior National Championship, Andheri (W), Mumbai with effect from 25.3.2011 to 28.3.2011. He has also participated in Junior National Judo Championship, New Delhi with effect from 19.10.2005 to 23.10.2005, Junior National Judo Championship, Chennai with effect from 2.11.2006 to 6.11.2006, Junior National Judo Championship, Chhattisgarh with effect from 22.9.2007 to 26.9.2006, Inter Varsity Tournament, Chandigarh 2007-2008, Inter Varsity Tournament, Manipur 2008-2009, Inter Varsity Tournament, Chandigarh, 2009-2010, Inter Varsity Tournament, Pune 2010-2011, 1st place in State Open Championship, Rohru on 9.10.2005 and 10.10.2005, State Open Championship I.G.S.S. Complex, Shimla on 13.10.2006 and 14.10.2006, State Open Championship, Hamipur with effect from 12.12.2008 to 14.12.2008, 1st place in State Open Championship I.G.S.S. Complex, Shimla on 6.12.2009 and 7.12.2009 , 1st place in State Judo Championship with effect from 30.10.2010 to 1.11.2010, 3rd place in Annual Inter College Tournament, 2006-2007, Annual Inter College Tournament, 2007-2008, 2nd place in Annual Inter College Tournament 2007-2008 and 1st place in Annual Inter College Tournaments, 20082009, 2009-2010 and 2010-2011 (open). 6. It is clear from the comparative chart of the petitioner vis-à-vis respondent No.4 that respondent No.4 was more meritorious in sports and his name has rightly been recommended by the Selection Committee for appointment to the post of Lecturer Chemistry (School Cadre). The names of the candidates are to be sponsored according to their performance and achievements in the sports activities alone. 7. There is no merit in the contention of Mr. Bhupinder Pathania that the name of his client was registered prior to respondent No.4 and her name alone should have been sponsored. It is not the seniority in the register of the Sports Persons Recruitment Cell but performance and achievements of the incumbent are to be seen while recommending the names for the post in question. The principle of “first come first serve” is not attracted in this case. There is no illegality or arbitrariness whereby name of respondent No.4 has been recommended for the post after adjudging his suitability. 8. Accordingly, in view of the analysis and discussion made herein above, there is no merit in the petition and the same is dismissed. Interim order 24.1.2012 is vacated. Respondent Nos. There is no illegality or arbitrariness whereby name of respondent No.4 has been recommended for the post after adjudging his suitability. 8. Accordingly, in view of the analysis and discussion made herein above, there is no merit in the petition and the same is dismissed. Interim order 24.1.2012 is vacated. Respondent Nos. 1 and 2 are directed to issue appointment letter to the petitioner on the basis of recommendations dated 20.12.2012 within a period of two weeks from today. Pending application(s), if any, also stand disposed of. No costs.