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2017 DIGILAW 2820 (RAJ)

Vijay Kumar Tewari son of Shri Bachchu Ram Tewari v. State of Rajasthan through Principal Secretary, Medical & Health Department, Govt. of Rajasthan, Secretariat, Jaipur

2017-12-19

AJAY RASTOGI, KAILASH CHANDRA SHARMA

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JUDGMENT : 1. Instant petition has been filed as alleged and claimed to be an outstanding sportsperson. Although petitioner has participated in the selection process held for the post of Pharmacist pursuant to advertisement dated 26.11.2011, a post included in the schedule appended to the Rajasthan Medical & Health Subordinate Service Rules, 1965 (hereinafter referred as ‘Rules of 1965’) and remain unsuccessful in the process. 2. It is not the case of the petitioner that he was not eligible to participate in the selection process and he has participated but could not be finally selected against the advertised vacancies, and filed a writ petition assailing Rule 7-C of Rules 1965. 3. The petitioner has prayed to re-write Rule 7-C of the Rules 1965 an omnibus amendment made in all the services vide notification dt.22.01.1997 providing reservation for outstanding sports persons. 4. We consider it appropriate to quote Rule 7-C of the Rules of 1965, which is read as under:— “7-C Reservation of vacancies for Outstanding Sports-persons.— Reservation of vacancies for outstanding sportspersons shall be 2% of the total vacancies outside the purview of the Commission in that year ear-marked for direct recruitment. In the event of non-availability of the eligible and suitable sportspersons in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure and such vacancies shall not be carried forward to the subsequent year. The reservation for sportspersons shall be treated as horizontal reservation and it shall be adjusted in the respective category to which the sports persons belong. Explanation.- Outstanding sportspersons” shall mean and, include the sports persons belonging to the State who have participated individually or in team, in the Sports & Games recognised by the International Olympic Committee and Indian Olympic Association or in International Championships in Bad-Minton, Tennis, Chess and Cricket recognised by their respective National Level Association, Federation or Board, with the following descriptions for each class of the Civil Services.” 5. As per the certificate, the petitioner had participated in the State level inter school Football competition which was held from 15.09.1998 to 20.09.1998 and certificate (Annexure-7) has been placed on record. 6. As per the certificate, the petitioner had participated in the State level inter school Football competition which was held from 15.09.1998 to 20.09.1998 and certificate (Annexure-7) has been placed on record. 6. Indisputably, the petitioner does not fall in the categories which has been identified of outstanding sports person which could be considered for grant of reservation against 2% of the total vacancies which is to be horizontally applied in the selection process pursuant of the advertisement dt.26.11.2011 7. The submission of the petitioner's counsel is that the categories which has been indicated for reservation under outstanding sportsperson under Rule 7-C of the Rules of 1965, remain a paper compliance and the candidate who having been participated in the sports at the State or National level still not get the benefit of Rule 7-C of Rules of 1965, against 2% of vacancies which are reserved for outstanding sportsperson and no purpose of such amendment could be served. 8. The submission made by the counsel is without substance for the reason that it is for the rule making authority to prescribe the conditions in providing reservation to the categories of outstanding sportsperson and the classification certainly has a nexus with the object to be achieved to promote sports at the national level and merely because the petitioner is not falling in any of the category of outstanding sportsperson is not open to question. 9. It is not the case of the petitioner that the amendment notification dt.22.01.1997 is either without authority or competence or violates his fundamental rights enshrined under Part-III of the Constitution. 10. The writ petition is of no substance and deserves to be dismissed.