JUDGMENT Sandeep Sharma, J. - The moot question which has arisen/fallen for determination in the case at hand is, "whether the petitioner, who had not only participated in the national level Kabaddi championship in 2005 but had also won various medals, is debarred form claiming benefit of reservation in public employment under 3% reservation for distinguished sportsperson in light of the Notification No. YSS-A(4)1/2018- loose dated 10.1.2011/10.2.2011 (Annexure P-3), whereby Government decided to reserve 3% posts to medal winners of All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions under category No. IV(II). 2. For having bird's eye of the matter, certain undisputed facts as emerge from record are that the respondent No.1 vide Notification No. 2-11/72-DP(A-II) dated 28.5.1999 (annexure P- 2) issued instructions for providing 3% reservation to distinguished sportsperson in posts/service to be filled in by way of direct recruitment, contents whereof are reproduced herein below: "A. EXTENT OF RESERVATION I) 3% Reservation in direct recruitment posts in lass=-III and Class -IV categories in all the State Government Department, Boards, Corporations and autonomous Bodies other than High Court, Himachal Pradesh Administrative Tribunal, governor Secretariat, Himachal Pradesh Public Service Commission and Himachal Pradesh Vidhan Sabha will be provided under article 16(1)of the Constitution, which will be treated as "Horizontal Reservation". II) 3% reservation to the defined categories with respect of Class-I and Class-II posts in the following Departments: - Department of Youth Services and Sports. - Institute of Mountaineering and Allied Sports Manali - Home Guards - School Cadre DPE and PET - College Cadre Lecturers in Physical Education The Government may with the approval of the cabinet and in consultation with HPPSC appoint distinguished sportsperson of category I, II and selective sportspersons in category III to Class I and II posts in Departments, boards, corporations autonomous bodies other than those mentioned above. These appointments will however, be limited to 3% of the vacancies. iii) 3% reservation in Class-I and Class-II in other departments will be given in special cases specifically approved by the Council of Ministers. B. ELIGIBILITY:- Sportspersons participating games as per Annexure (A) and falling within categories I to IV Annexures (B) will be the distinguished sportsperson. Sportspersons falling in these categories only will be eligible to claim benefit of reservation. C. REGULATION OF RESERVATION:- ...... B. ELIGIBILITY:- Sportspersons participating games as per Annexure (A) and falling within categories I to IV Annexures (B) will be the distinguished sportsperson. Sportspersons falling in these categories only will be eligible to claim benefit of reservation. C. REGULATION OF RESERVATION:- ...... x x x x x x FIRST APPENDIX TO ANNEXURE 'B' x x x x x x Annexure-A List of games/sports which qualify meritorious sportspersons for consideration for appointment to Class-I to IV posts/services under State Government/Boards/Corporations, etc. 1. Archery 2. Athletics(Track and Field events) 3. Atya/patya 4. Badminton 5. Ball Badminton 6. Basketball 7. Billiards & Snooker 8. Boxing 9. bridge 10. Carrom 11. Chess 12. Cricket 13. Cycling 14. Equestrian sport 15. football 16. golf 17. gymnastics (including body-building) 18. Handball 19. Hockey 20. Judo 21. Kabaddi 22. Karate-do 23. Kayaking& Canoeing 24. Kho-Kho 25. Polo 26. Power Lifting 27. Rifle Shooting 28. Roller Skating 29. rowing 30. softball 31. squash 32. swimming 33. table Tennis 34. Taekwondo 35. Tenni-koit 36. tennis 37. volleyball 38. weightlifting 39. wrestling 40. Yachting Annexure-B Criteria for selection of Outstanding Sportspersons who will be eligible for employment in Government Departments/Boards/ Corporations and Universities The various sports competitions will be classified as follow: Category No. I 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 Senor 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. " 3. Though, in the aforesaid instructions, Kabaddi stands included in the list of games but medal winners in All India National School Games, All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions were not declared to be eligible for claiming reservation as sportsperson for employment in Government departments/boards/ corporations and universities against 3% quota fixed for distinguished sportsperson in the aforesaid instructions. However, subsequently, respondent No.2 vide Notification dated 10.2.2011 issued clarification regarding providing reservation to distinguished sportsperson in various services under the government (Annexure P-2). However, subsequently, respondent No.2 vide Notification dated 10.2.2011 issued clarification regarding providing reservation to distinguished sportsperson in various services under the government (Annexure P-2). Perusal of aforesaid clarification reveals that Government decided to extend benefit of earlier granted 3% reservation to the medal wieners of All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions under category No. IV(II) of PYKKA. (Annexure P-3), abstract of which is reproduced herein below: "I am directed to say that in order to encourage the sportsmen taking part in international, national and inert-State Tournaments, the matter regarding providing of reservation in services to the distinguished sportsperson was under active consideration of the Government for some time past. After careful consideration, it has now been decided that henceforth 3% reservation will be provided to the Distinguished sportsperson in the posts/services to be filled in by direct recruitment as under: A. EXTENT OF RESERVATION I) 3% reservation in direct recruitment posts in ClassIII and Class-IV categories in all the State Government Departments, Boards/ Corporations and autonomous bodies other than High Court, Himachal Pradesh Administrative Tribunal, governor's Secretariat, Himachal Pradesh Public Service Commission and Himachal Pradesh Vidhan Sabha, will be provided under Article 16(1) of the Constitution which will be treated as "Horizontal Reservation.": II) 3% reservation to the defined categories with respect of Class-I and Class-II posts in the following Departments: - Institute of Mountaineering and Allied Sports, Manali - Home Guards - School Cadre DPE and PET - College Cadre Lecturers in Physical Education Government may with the approval of the Cabinet and in consultation with HPPSC appoint Distinguished sportspersons of category I, II and selective sports persons in category to Class I & II post in Departments, Boards, Corporations, autonomous bodies other than those mentioned above. These appointments will, however, be limited to 3% of the vacancies. III) 3% reservation in Class-I and Class-II in other departments will be given in special cases specifically approval by the Council of Ministers. B. ELIGIBILITY Sportspersons participating in games as per Annexure (A) and falling within categories I to IV of Annexure (B) will be the distinguished sportspersons. Sportspersons falling in these categories only will be eligible to claim benefit of reservation. C. REGULATION OF RESERVATION: a) distinguished sportspersons will have to fulfill educational and other professional qualification prescribed for the post. B. ELIGIBILITY Sportspersons participating in games as per Annexure (A) and falling within categories I to IV of Annexure (B) will be the distinguished sportspersons. Sportspersons falling in these categories only will be eligible to claim benefit of reservation. C. REGULATION OF RESERVATION: a) distinguished sportspersons will have to fulfill educational and other professional qualification prescribed for the post. b) Department of Youth Services and Sports will act as nodal agency for implementation for reservation in all classes of posts. c) The sports persons belonging to category-I will be eligible for direct employment in various Government Department/Boards/ corporations etc. against reserved posts. The interested department will be free to offer employment directly without any interview or any other formality. This offer will, however, have to be made within one month of winning of medal in case no department comes forward the director, Youth Services and Sports will sponsor name to any department against any post available under sports quota depending upon the suitability and choice of the candidate. d) The Department of Youth Services and Sports will set in sports persons employment cell and maintain a live register with respect of all eligible sportspersons. The Department of Youth Services and Sports will frame rules and guideline for determining the priority etc. and choice and suitability of such candidate. The recruiting department will send requisition tot eh department of Youth Services and Sports for sponsoring names against sports quota whenever recruitment is to be made. The sportspersons recruitment cell will sponsor one name per vacancy from live register according to priority as per rules from category I, II, III. The requisitioning Department will then have to recruit that person only. In case no suitable candidate is available in category I, II & III, the sportsperson employment cell will issue nonavailability certificate. e) After non-availability certificate is obtained for categories I, II & III, the recruiting department will be free to fill up the sports vacancy out of categories IV through HP Public Service Commission/subordinate Staff Selection Board or Departmental Recruitment Committee in accordance with the recruitment procedure laid down but they will give preference in category IV to Gold Medal winner over Silver medal winner and silver medal winner over Bronze medal winner. The relaxation regarding employment exchange will be applicable and so there will be no need for getting the names sponsored from employment exchange. The relaxation regarding employment exchange will be applicable and so there will be no need for getting the names sponsored from employment exchange. The recruiting departments will try to involve Youth Services and Sports Department at the time of recruitment against sports quota. In case the vacancy is not advertised through media by recruiting agency, requisition will be sent to the debarment of Youth Services and Sports who will sponsor candidates from category IV. f) With respect to categories I and II, or selective outstanding sports persons from category III, the Department of Youth Services and Sports, if need be, will present proposal before Council of Ministers for providing jobs against Class I and II posts in various departments, but in no case will such appointments exceed 3% of the total post in that department, this will be done in consultation with HP Public Service Commission. This provision will be particularly sued for sports persons with professional qualifications who do not fit into post defined in A(II) above. g) The distinguished sports persons who have participated in recognized sports event i.e. Olympics, Commonwealth and Asian Games and the distinguished sportspersons who have been awarded Gold Medal in National Games will be eligible for availing reservation in PET, DPE School cadre and Lecturers in Physical Education provided for the post. The participation in national events and winning of Gold Medal in National Game will be treated at par with professional qualification required for these posts. In case, it is required, such candidate will undergo in service professional training. h) The recruiting department will have a right to specify the sports for which they want candidates so that they have competitive teams. 2. To give effect to the above reservation, the instructions issued by the Government vide Department of Personnel Letter No. Per.(AP)-C-B(12)-1/98, dated 20.8.1998 regarding maintenance of post-based reservation roster, the first appendix to Annexure ;"B" and "C" covering "Horizontal reservation" may be deemed to have been amended to the following extent: ..." 4. After issuance of aforesaid clarification dated 10.1.2011/10.2.2011, petitioner who had admittedly won medal in National Sports Festival for Women organized under PYKKA Competitions, in the year 2005 prior to issuance of clarification/Notification dated 10.1.2011/10.2.2011, applied for registration being outstanding sportsperson under sports quota in the Directorate of Youth Services and Sports, Himachal Pradesh. (Annexure p-4). After issuance of aforesaid clarification dated 10.1.2011/10.2.2011, petitioner who had admittedly won medal in National Sports Festival for Women organized under PYKKA Competitions, in the year 2005 prior to issuance of clarification/Notification dated 10.1.2011/10.2.2011, applied for registration being outstanding sportsperson under sports quota in the Directorate of Youth Services and Sports, Himachal Pradesh. (Annexure p-4). Since no response if any ever came to be given to aforesaid representation made by petitioner, she filed fresh representation dated 19.3.2019 (Annexure P-5) requesting therein that her name be considered against 3% quota reserved for distinguished sportsperson on the basis of her having won medal in National Sports Festival for Women organized under PYKKA Competitions in the year 2005. But the fact remains that the respondents vide communication (Annexure P-6) rejected the aforesaid prayer of the petitioner on the ground that since the petitioner won first place in National Sports Festival for Women in 2005 and had participated in National Sports Festival for Women in the year 2004-05, she is not eligible to claim benefit of reservation against 3% quota on the basis of clarification issued by respondent No.2 (Annexure P-6). In the aforesaid background, petitioner has approached this court in the instant proceedings for following relief(s): "ii) That in view of the submissions as made in detailed above, the respondents may kindly be directed to make requisite entries/registration of the sports certificate of the outstanding sports persons under the sports quota in the office of respondent No.3, the petitioner being fulfilling the requisite criteria for the same and further the respondents may kindly be directed to recruit the petitioner against the available vacancies in the departments as pe her eligibility under the sports quota so that the petitioner should get the benefit of serving the state as sports persons and the mandate of the Notifications issued by the respondents is complied with in letter and spirit." 5. I have heard and parties and gone through the record. 6. It is not in dispute inter se parties that in the initial Notification dated 28.5.1999 (Annexure P-2), persons having participated and won medals in All India National School Games, All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions, were not entitled to claim benefit of reservation in Government service against 3% quota reserved for distinguished sportspersons. It is also not in dispute that subsequently vide clarification dated 10.1.2011/10.2.2011 issued by respondent no.2, Annexure P-3, sportspersons having participated in All India National School Games/ All India Rural Sports Tournament and National Sports Festival for Women organized under PYKKA Competitions, were included in the category of distinguished sportspersons eligible to claim reservation provided in Government /public employment against 3% quota reserved for distinguished sportspersons. Respondents Nos. 1 to 3 in their reply have admitted that petitioner has won medal in National Sports Festival for Women organized under PYKKA Competitions but have claimed that she is not eligible for registration of her name with the respondent Department for the reason that the category of the petitioner came to be declared eligible for reservation in public employment under 3% quota in the year 2011, vide Notification dated 10.1.2011/10.2.2011 (Annexure P-3). Reply of respondents further reveals that the respondent No.2 after issuance of clarification dated 10.1.2011/10.2.2011, Annexure P-3 requested the Government to seek legal advice from LR-cum- Principal Secretary (Law) to the Government of Himachal Pradesh that "whether the players who have won medals in the All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions prior to 10 February, 2011 should be considered eligible under the departmental scheme "providing reservation to the distinguished sportsperson in various services undr the Government of not?" Vide letter No. YSS-B(15)-1/2019 dated 18.11.2019 (Annexure R-2), Secretary (Youth Services and Sports) to the Government of Himachal Pradesh intimated the respondent No.2 that the matter was taken up with Law Department and it has observed as under "Examined in Law Deptt. The perusal of case record shows that the YSS Deptt. Letter dated 10.02.2011 has extended the benefits of reservation to the medal winners of another two categories i.e. All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions by incorporating these two category No. IV(II) of Annexure -'B" of the already existing instructions of 1999 of the Personnel Department. Now, the YSS Deptt. Letter dated 10.02.2011 has extended the benefits of reservation to the medal winners of another two categories i.e. All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions by incorporating these two category No. IV(II) of Annexure -'B" of the already existing instructions of 1999 of the Personnel Department. Now, the YSS Deptt. Has referred the instant matter for seeking the opinion of this department on the point as to whether the players who have won the medals in the All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKK competitions prior to inclusion of these two categories should also be considered eligible under the department scheme "Providing Reservation to the distinguished sports persons in various services under the Government" or not. In this behalf, it is stated that the provisions/instructions made vide letter No. YSS-A(4)1/2008-[Loose dated 10.02.2011 appears to be prospective in operation. Moreover, it is now well settled l legal proposition that operation of any statute/instructions is generally presumed to be prospective in nature unless otherwise given retrospective effect either by way of expressions or by necessary implication." 7. Having carefully perused aforesaid legal opinion, rendered by Law Department, this court is of the view that either the respondents have not placed true facts before this Court or legal opinion of the law department is not conclusive. Law Department, while fairly stating that vide letter dated 10.1.2011/10.2.2011, respondent Department has extended benefit of reservation to medal winner of two categories i.e. All India National School Games and National Sports Festival for Women organized under PYKKA Competitions by incorporating two categories IV (II) of Annexure B in already existing instructions of 1999 of the Personnel Department, side-tracked the real question that "whether the petitioner having won medal/participated in National Sports Festival for Women organized under PYKKA Competitions in 2005 is entitled to claim benefit of 3% reservation quota in public employment, on the strength of clarification/amendment made in existing instructions of the year 1999 of the Department vide letter dated 10.1.2011/10.2.2011. Law Department instead of answering specific question posed to it, opined that "operation of any statute/instructions is generally presumed to be prospective in nature unless otherwise given retrospective effect either by way of expressions or by necessary implication". 8. Law Department instead of answering specific question posed to it, opined that "operation of any statute/instructions is generally presumed to be prospective in nature unless otherwise given retrospective effect either by way of expressions or by necessary implication". 8. There cannot be any quarrel with the aforesaid proposition of law, stated by Law Department because, admittedly any statute/instructions is to be given effect prospectively not retrospectively. However, in the case at hand, dispute is not with regard to date of application of clarification /instructions dated 10.1.2011/10.2.2011, rather question which needs determination is whether the petitioner who had participated/won medal in National Sports Festival for Women organized under PYKKA Competitions in the year 2005, is entitled to claim benefit under 3% quota reserved for distinguished sportspersons or not, in terms of the aforesaid clarification/Notification. 9. Since, the categories of participants/medal winners of National Sports Festival for Women organized under PYKKA Competitions and All India Rural Sports Tournaments stand included in the list of distinguished sportspersons eligible to claim benefit of reservation of 3% quota meant for the distinguished sportspersons, action of the respondents in rejecting the case of the petitioner is not sustainable. 10. No doubt, aforesaid category of sportsperson came to be included in the list mentioned in the already existing instructions of 1999, vide clarification dated 10.1.2011/10.2.2011 (Annexure P-2) but that does not mean that sportspersons, who had participated and had won medals in aforesaid categories of games prior to inclusion of these categories in already existing instructions of 1999 are estopped from claiming benefit of 3% reservation meant for the distinguished sportspersons. 11. Otherwise also, careful perusal of clarification /instructions dated 10.1.2011/10.2.2011 nowhere suggests that sportspersons having participated/won medals in All India National School Games and National Sports Festival for Women organized under PYKKA Competitions prior to issuance of clarification /instructions dated 10.1.2011/10.2.2011 shall not be eligible to claim benefit of reservation under 3% quota meant for distinguished sportsperson hence, application made by petitioner for registering her name for availing benefit of reservation under 3% quota ought to have been accepted by the Department. 12. 12. Prospectivity, if any of instructions/clarification dated 10.1.2011/10.2.2011, by which admittedly two categories i.e. All India National School Games and National Sports Festival for Women organized under PYKKA Competitions came to be declared eligible to avail benefit of reservation against 3% quota meant for distinguished sportsperson is not qua the date of holding of such competitions rather same is to be applied prospectively qua the posts advertised after the date of Notification. 13. Once it is not in dispute that the game of Kabaddi stands included in the list of games as provided under existing Notification of the year 1999, and petitioner after having participated in National Sports Festival for Women organized under PYKKA Competitions has also won medal, petitioner cannot be debarred from getting herself registered with the respondent Department to avail benefit of reservation of 3% quota meant for distinguished sportsperson. 14. Consequently, in view of above, present petition is allowed and respondents are directed to make requisite entry/registration of petitioner being distinguished sportsperson under the sports quota forthwith, enabling her to avail benefit of 3% reservation meant for distinguished sportsperson.