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2021 DIGILAW 604 (RAJ)

Manini Kaushik D/o Shri Anil Kaushik v. State Of Rajasthan

2021-03-15

SANJEEV PRAKASH SHARMA

body2021
JUDGMENT : 1. Both these writ petitions have been preferred by petitioners being aggrieved of action of the respondents in not considering their candidature for appointment under the Rajasthan Out Of Turn Appointment To Sports Medal Winners Rules, 2017. 2. Petitioner-Manini Kaushik won following medals to her credit in the sports of shooting:- (i) Gold Medal in team event of 10 Meter Air Riffle Women Junior Team in 52nd ISSF World Companionship, Changwon, South Korea in 2018 (World Record); (ii) Bronze Medal in Asian Championship, 2017 (Junior Category). 3. Petitioner- Ali Aman Elahi won following medals to his credit in the sports of shooting:- (i) Silver Medal in team event of Trap Junior Men Team in 52nd ISSF World Championship, Changwon, South Korea in 2018; (ii) Bronze Medal in team events of Trap Junior Men Team and Trap Junior Mixed Team respectively in ISSF Junior World Cup held at Sydney, Australia in 2018. 4. It is submitted that their candidature was rejected on the ground of having won the medals in Women Junior Team and Junior Category. 5. The State Government, in order to promote sports activities in the State of Rajasthan and in order to support the sports persons, vide notification dated 15/03/2013, brought about 'Rajasthan Various Services (Amendment) Rules, 2013 which substituted the earlier rules existing in various service rules, as under:- "Reservation of vacancies for outstanding sports persons :- Reservation of vacancies for outstanding sports persons shall be 2% of the total vacancies outside the purview of the commission in that year earmarked 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 sportspersons belong. EXPLANATION :- "Outstanding sportspersons" shall mean and include the sportspersons belonging to the State, who. The reservation for sportspersons shall be treated as horizontal reservation and it shall be adjusted in the respective category to which the sportspersons belong. EXPLANATION :- "Outstanding sportspersons" shall mean and include the sportspersons belonging to the State, who. – (i) represented Indian Team in Individual or in Team event in any International Tournament of any Sports and Games, recognized by the Indian Olympic Association or concerned recognized National Sports Federation; Or (ii) represented Indian Team in Individual or in Team event in any International Tournament of any Sports and Games, recognized by the Indian School Sport Federation or concerned recognized National School Games Federation; Or (iii) Medal Winner in the Individual or in Team event in any National Tournament of any Sports and Games, recognized by the Indian Olympic Association or concerned recognized National Sports Federation; Or (iv) Medal Winner in the All India Inter university Tournament in Individual event or in Team event in any Sports and Games, recognized by Indian Universities Association." 6. The explanation, as above, was substituted vide notification dated 21/11/2019 in Various Service Rules as under:- "EXPLANATION :- "Outstanding sportspersons" shall mean sportspersons who are bona fide resident of the State of Rajasthan, and,- (i) represented Indian Team in Individual or in Team event in any International Tournament/championship of any Sports and Games mentioned in column number 3 of table given below organized by the international sports body mentioned in column number 2 of the said table,- S.No. International Sports Body Name of the Tournament/Championship 1 2 3 1 International Olympic Committee (IOC) Olympic Games (Summer) 2 Olympic Council of Asia (OCA) Asian Games 3 South Asian Olympic Council (SAOC) South Asian Games; Commonly known as SAF games 4 Commonwealth Games Federation (CGF) Commonwealth Games 5 International Sports Federation affiliated to IOC World Cup/World Championship 6 Asian Sports Federation affiliated to OCA Asian Championship 7 International School Sports Federation (ISSF) International School Games/Championship 8 Asian School Sports Federation (ASSF) Asian School Games/Championship Or (ii) Medal Winner in the Individual or in Team event in any School National Games of any Sports and Games organized by the School Games Federation of India; Or (iii) Medal Winner in the Individual or in Team event in any National Tournament/championship of any Sports and Games recognized by the Indian Olympic Association or its affiliated National Sports Federation(N.S.F.); Or (iv) Medal Winner in the all India Inter university Tournament in individual event or in Team event in any Sports and Games, organized by the association of Indian Universities. Or (V) represented Rajasthan in Individual or in Team event in any national Games/national para games or national championship/para national championship of any sports and games, organized by the Indian Olympic Association/Para Olympic Committee of India or its affiliated National Sports Federation." 7. Vide another notification dated 03/07/2017, Rajasthan out of turn appointment to Sports Medal Winners Rules, 2017 were framed under proviso to Article 309 of the Constitution of India and Rule 3 of the said Rules of 2017 which laid down the criteria and manner for out of turn appointment to sports medal winners reads as under:- "3. Vide another notification dated 03/07/2017, Rajasthan out of turn appointment to Sports Medal Winners Rules, 2017 were framed under proviso to Article 309 of the Constitution of India and Rule 3 of the said Rules of 2017 which laid down the criteria and manner for out of turn appointment to sports medal winners reads as under:- "3. Criteria and manner for out of turn appointment to Sports Medal Winners.- (1) The appointment to Sports Medal Winners shall be made in accordance with the following criteria :- (i) Category A (a) Medal Winners of Olympic Games, (b) Gold medal Winners of Asian games (Asiad)/Commonwealth Games, shall be considered for appointment to the posts specified in Schedule I (ii) Category B (a) Silver and Bronze Medal Winners of Asian games (Asiad)/Commonwealth Games. (b) Winners and runners up of World cup/World championship in sports which are recognized in Rajasthan sports act or are included in Olympics/Asian games (Asiad), (c) Medal Winners or Winners/runners up in Asian Athletics Championship/Commonwealth Games in sports mentioned above, (d) Medal Winners of Para Olympics, shall be considered for appointment to the posts in grade pay 3600/- or above specified in Schedule II. (iii) Category C (a) Medal Winners (Senior) in National games, (b) Medal Winners or Winners/runners up in above sports in National Championship (Senior), shall be considered for appointment to the posts in grade pay less than Rs. 3600/- specified in Schedule II and to the posts specified in Schedule III. Explanation : The above Games/Championships/Cups should be recognized by the concerned International Association/Body/Federation for the games. (2) For the purpose of appointment under these rules, only sports achievements obtained by the players after 01/01/2016 shall be considered. For appointment under these rules, Medal Winner sportspersons shall have to apply to the Secretary, Sports and Youth Affairs, Department within three years from the date of winning the medal. (3) Appointment under these rules shall be given to eligible sports persons of the State of Rajasthan only. (4) Medal Winners who are appointed under these rules shall be encouraged and provided enabling environment to continue playing and achieving high goals in their respective sports for at least five years and during this period their performance assessment will be linked to their sporting achievements. (4) Medal Winners who are appointed under these rules shall be encouraged and provided enabling environment to continue playing and achieving high goals in their respective sports for at least five years and during this period their performance assessment will be linked to their sporting achievements. These players will also be made available to the Sports and Youth Affairs Department for participation, training or supervision of tournaments as required (5) The eligible Medal Winners shall be appointed on different category posts which are vacant or by deemed creation of new posts in the required category by the concerned department. These new posts shall be in addition to the regular cadre strength. The eligible Medal Winners who join a department on a particular category of posts shall be exempted from the requisite professional qualifications and shall be required to complete special courses/Professional courses prescribed by the department in a given time frame. (6) The educational qualifications required for the post under the relevant service rules shall not be insisted upon at the time of appointment and in such cases, conditional appointment may be given but the sportsperson shall have to acquire the requisite qualification within the period of five years failing which the appointment shall be terminated. (7) The minimum age limit will be according to the concerned service rules but there will be no maximum age limit. (8) The appointments to Medal Winners to different posts under these rules shall be made on the recommendation of a Committee consisting of the Chief Secretary as chairperson, Secretary-in-charge of the Home Department as a member, One Secretary to the Government of any Administrative Department nominated by 'the Chief Secretary as a Member and Principal Secretary Sports and Youth Affairs Department as Member-Secretary. The recommendation of the committee shall be processed and submitted to the Government for approval by the Sports and Youth Affairs Department. (9) The Committee shall call the sportsperson and ask for his desired post and then offer the post according to his achievement. (10) The seniority of the persons appointed under these shall be determined from the date of their appointment on the post after regular selection in accordance with the provisions of these rules. The inter-se seniority of the persons appointed under these rules on the same date shall be determined in the following order :- (a) Gold Medal Winners of Olympic Games. The inter-se seniority of the persons appointed under these rules on the same date shall be determined in the following order :- (a) Gold Medal Winners of Olympic Games. (b) Silver Medal Winners of Olympic Games. (c) Bronze Medal Winners of Olympic Games. (d) Gold Medal Winners of World cum/World Championship. (e) Silver Medal Winners of World cum/World Championship. (f) Bronze Medal Winners of World cum/World Championship. (g) Gold Medal Winners of Asian Games. (h) Gold Medal Winners of Commonwealth Games. If two or more Medal Winners have the same medal in the same championship, the seniority shall be determined on the basis of their age and the older shall be considered to be senior. In case of same age, seniority shall be determined according to the alphabetical order of their names." 8. As per the Schedule, the appointment can be given as Dy. Superintendent of Police under the Rajasthan Police Service Rules, 1954; Dy. Superintendent Jail under the Rajasthan Jails Service Rules, 1959; Assistant Conservator of Forest under the Rajasthan Forest Service Rules, 1962; Assistant Excise Officer (Preventive) under the Rajasthan Excise (Preventive Officers) Rules, 1967; Lecturer, Physical Education and Coach under the Rajasthan Educational Service Rules, 1970; Dy. Commandant under the Rajasthan Home Guards & Civil Defence Service Rules, 1976 and PTI under the Rajasthan Technical Education (Engineering) Service Rules, 2010. Similarly, on different posts in Subordinate Service and Ministerial Services were also provided in the Schedule. 9. The Rajasthan Out Of Turn Appointment to Sports Medal Winners Rules, 2017 were brought into force vide notification dated 03/07/2017 and rule 3 of which provided the criteria and manner for out of turn appointment to Sports Medal Winners. 10. Similarly, on different posts in Subordinate Service and Ministerial Services were also provided in the Schedule. 9. The Rajasthan Out Of Turn Appointment to Sports Medal Winners Rules, 2017 were brought into force vide notification dated 03/07/2017 and rule 3 of which provided the criteria and manner for out of turn appointment to Sports Medal Winners. 10. Sub-Rule (1) of the said Rule 3 of the Rules of 2017 was substituted vide notification dated 18/03/2020 in place of earlier Rule 3 as under:- "Amendment of rule 3.- In rule 3 of the Rajasthan out of turn appointment to Sports Medal Winners Rules, 2017, hereinafter referred to as the said rules,- (i) the existing sub-rule (1) shall be substituted by the following, namely:- "(1) The appointment to Sports Medal Winners shall be made in accordance with the following criteria :- (i) Category A Medal Winners in Olympic Games (Summer)/Paralympic Games; Or Medal Winners in World Cup/World Championship/Para World Cup/Para World Championship; Or Medal Winners in Asian Games/Asian Para Games; Or Medal Winners in Commonwealth Games/Commonwealth Games Para Events; Or Winner/Runners up of Cricket World Cup/Championship; Or Winner/Runners up of Polo World Cup/Championship, shall be considered for appointment to the posts specified in Schedule I Explanation: Merit certificate of above games issued by the following Sports Bodies shall only be considered :- International Olympic Committee (IOC) International Paralympic Committee (IPC) Olympic Council of Asia (OCA) Asian Paralympics Committee (APC) Commonwealth Games Federation (CGF) International Sports Federation affiliated to IOC(ISF) International Para Sports Federation affiliated to IPC(IPF) Federation of International Polo (FIP) International Cricket Council (ICC) (ii) Category B Medal Winners in Asian Championship/Asian Para Championship; Or Medal Winners in South Asian Games/South Asian Para Games; Or Winner/Runners up of Cricket Asia Cup/Championship, shall be considered for appointment to the posts of Level in Pay Matrix L-10 or above specified in Schedule II Explanation: Merit certificate of above games/Championship issued by the following Sports Bodies shall only be considered :- Asian Sport Federation affiliated to OCA (ASF) Asian Para Sports Federation affiliated to APC (APSF) South Asian Olympic Council (SAOC) Asian Cricket Council (ACC) (iii) Category C Medal Winners in National Games/National Para Games; Or Medal Winners in National Championship/Para National Championship Or Winner/Runners up National Championship of Polo; Or Winner/Runners Up of Ranji Trophy, shall be considered for appointment to the posts below Level in Pay Matrix L-10 specified in Schedule II and to the posts Specified in Schedule III. Explanation: Merit certificate of above games/Championship issued by the following Sports Bodies shall only be considered :- Indian Olympic Association (IOA) Paralympic Committee of India (PCI) National Sports Federation affiliated to IOA (NSF) National Para Sports Federation affiliated to PCI(NPSF) Indian Polo Association (IPA) Board of Control of Cricket in India (BCCI)" 11. Thus, category-wise appointments were to be given according to the medal obtained in various Word Championships and Olympic Games. 12. Sub-Rule 2 of the Rule 3 of the Rules of the Sports Medal Winner Rules, 2017 was also amended as under:- (ii) the existing sub-rule (2) shall be substituted by the following, namely :- "(2) For the purpose of appointment under these rules, only sports achievements obtained by the players on or after 01/01/2016 shall be considered, Medal Winner sportsperson shall have to apply to the Secretary, Sports and Youth Affairs Department within three years from the date of winning the medal or within one year from the date of commencement of the Rajasthan out of turn appointment to Sports Medal Winners (Amendment) Rules, 2020. The Sportsperson shall mention the priority of posts applied as mentioned in concerned category of these rules in his application."; (iii) the existing sub-rule (7) shall be substituted by the following, namely:- "(7) The minimum and maximum age limit shall be according to the concerned service rules."" 13. Sub-Rule 10 of Rule 3 of the said rules was also amended and the seniority of persons appointed under the Rules was to be determined as laid down therein. 14. The petitioners applied for seeking appointment under the said Amended Rules of 2020 for 'Category A' posts as they were Gold Medal Winners and Silver Medal Winners in World Championship. However, as they were informed that their candidature shall not be considered for appointment, the petitioners approached this Court against their non-consideration. 15. By interim orders dated 13/10/2020 and 05/11/2020 respectively, this Court directed the respondents to consider candidature of the petitioners for out of turn appointment subject to outcome of the writ petitions. 16. The respondents, in terms of the directions issued by this Court, have considered but rejected candidature of the petitioners. The result of the petitioners in sealed cover was placed before the Court. 17. 16. The respondents, in terms of the directions issued by this Court, have considered but rejected candidature of the petitioners. The result of the petitioners in sealed cover was placed before the Court. 17. Learned counsel for the petitioner submitted that the Rules of 2017 as amended in 2020 did not make any distinction between the Medal Winners of Junior Category and Senior Category. Learned counsel further submitted that once there is no bifurcation under the Rules of 2017, the Committee cannot deprive the Medal Winners (Junior Category) for consideration under the Rules of 2017. It is submitted that as per the Rules of 2017, a candidate is required to possess certificate issued by the Sports Council. In Shooting, the International Shooting Sports Federation (ISSF) is regulatory body and it conducts World Championships, World Cup and other international events. The National Riffle Association of India, which is the National Sports Federation for Shooting in India is affiliated to ISSF. The 52nd ISSF World Championship was conducted at Changwon, South Korea wherein events, both under Senior and Junior Categories were conducted from 31/08/2018 to 15/09/2018 and the petitioner-Manini Kaushik won Gold Medal in the said event and established a new world record for Junior Category. It is further submitted that she also participated in Asian Championship in 2017 and won Bronze Medal in Junior Category in the same event. 18. Similarly, the petitioner-Ali Aman Elahi has also won Silver Medal in Trap Junior Men Team in 52nd ISSF World Championship, Changwon, South Korea in 2018 and also won one Bronze Medal in Junior Men Team and Junior Mixed Team in ISSF in Junior World Cup in Sydney, Australia in 2018. 19. It is stated that both the petitioners have represented the country and fall within the definition of Outstanding Sports Persons and merely on account of the age, no distinction can be drawn as the purpose of framing of the Rules is to give benefit to the Sports Persons and secure their livelihood and also grant them opportunity to excel in the concerned sports activities. 20. Learned counsel for the petitioners further submitted that Rule 3(6) of the Rules of 2017, provides that the educational qualifications shall not be insisted upon at the time of appointment and therefore, the Rules cannot be said to exclude the Junior Category Medal Winners. 20. Learned counsel for the petitioners further submitted that Rule 3(6) of the Rules of 2017, provides that the educational qualifications shall not be insisted upon at the time of appointment and therefore, the Rules cannot be said to exclude the Junior Category Medal Winners. Learned counsel further submitted that if an interpretation is taken of the Rules of 2017, in a manner only to be meant for Senior Category persons, the same would cause distinction. 21. Per-contra, the respondents submitted that the Championship organized by ISSF is for two different categories, one is for World Championship (Level-1) and the other one is World Championship (Level-2). As per ISSF Regulations 'Juniors' are athletes who will be under the age of 21 on 31st December in the year of competition. It is stated that as the petitioners are medal winners in Junior Category, they are not eligible for appointment in any of the categories because the Rules were promulgated to provide benefit to the sports persons in open category/Senior Category. 22 It was further submitted by the respondents that each and every event in Championship is separate from open category/senior category as there is a specific age limit for Junior event. 23. After hearing learned counsel for the parties, this Court has gone through the material available on record. 24. The petitioners have placed on record the details relating to 52nd ISSF World Championship of Events held at Changwon, South Korea from 31st August, 2018 to 15th September, 2018. 25. The Committee, which was directed to consider case of the petitioners for appointment, has examined case of the petitioners separately and in its report has stated that the ISSF Championship Regulation 2.1 talks about ISSF Championship which has been bifurcated as L-1, L-2 and L-3. As regards, Level-1, the words "World Championships" have been written while under Level-2, the words "World Championships Junior' have been written and therefore, it is clear that the two competitions are different. It is further stated that Regulation 2.3 mentions of World Championships and World Championships Junior and they have two different schedules. Treating the two Championships as different from each other, candidature of the petitioners was rejected being ineligible as the category mentioned in the Rules of 2017 is only "World Championships' and not "World Championships Junior". 26. It is further stated that Regulation 2.3 mentions of World Championships and World Championships Junior and they have two different schedules. Treating the two Championships as different from each other, candidature of the petitioners was rejected being ineligible as the category mentioned in the Rules of 2017 is only "World Championships' and not "World Championships Junior". 26. To understand and examine the aforesaid aspect, it would be useful to quote certain regulations of the ISSF General Regulations 27. Regulation 2 of the ISSF General Regulations, which provides for ISSF Championship, reads as under:- "2. ISSF CHAMPIONSHIPS 2.1 ISSF Championships are divided in three categories concerning the requirements for Organizers and the conditions that they have to fulfill: Those requirements are specified in the Guidelines for Organizing ISSF Championships (Annex 1 to the General Regulations) Level 1 - World Championships - World Championships Rifle/Pistol - World Championships Shotgun - Final Tournament of the Year - World Cups with Olympic Quota Places allocation - Continental Championships/Continental Games with Olympic Quota Places allocation Level 2 - World Cups - World Championships Running Target - World Championships Juniors - Youth Olympic Games Qualifying competitions - Continental Championships Level 3 . - Grand Prix tournaments - Other competitions organized according to the ISSF Rules and Regulations 2.2 The ISSF Championships are organized by Member Federations that are chosen by the Executive Committee. 2.3 World Championships for all events must be organized every four years, two years after the Olympic Games. In other years, with the exception of the year in which the Olympic Games take place, separate World Championships for Shotgun as well as Rifle and Pistol events must be organized. World Championships Juniors for all events must be organized every two years in the year of the Olympic Games and the second year after the Olympic Games (even numbered years). Continental Championships should be organized at least every two (2) years as decided by the respective Continental Confederations. 2.4 Application for ISSF Championships 2.4.1 A Member Federation desiring to organize an ISSF Championship must submit its application to the Secretary General at least one (1) month in advance of the Executive Committee meeting where the host federation will be chosen. Continental Championships should be organized at least every two (2) years as decided by the respective Continental Confederations. 2.4 Application for ISSF Championships 2.4.1 A Member Federation desiring to organize an ISSF Championship must submit its application to the Secretary General at least one (1) month in advance of the Executive Committee meeting where the host federation will be chosen. The application should include: 2.4.1.1 an official statement from the appropriate government agency and/or National Olympic Committee, indicating the support to be given to the organization of the Championships; 2.4.1.2 a statement that all the requirements of the ISSF Constitution will be observed; 2.4.1.3 a statement that the organizing federation will invite all ISSF Member Federations; 2.4.1.4 a description of the existing or proposed shooting ranges and other necessary facilities that must meet ISSF requirements; 2.4.1.5 Information regarding the proposed organization, cost of accommodation, time of transportation to and from ranges, transportation fees for transfer airport – official hotel – airport and any training fees; 2.4.1.6 a statement listing the events the Federation proposes to include in the program. 2.5 If no application is received, or if the Federation selected to organize the World Championships withdraws, the Executive Committee must select another Federation to organize the World Championships. Or, if no single Federation can be found, select neighboring Federations to organize the World Championships in separate groups of events. 2.6 Withdrawal is only possible with the approval of the Executive Committee. Unapproved withdrawal is subject to the assessment of a fine, or the suspension of membership or the suspension of participation at ISSF Championships for a certain time to be decided by the Council." 28. Regulation 7 of the ISSF General Regulations lays down Participation and ISSF Athletes. 29. As per Para 7.4.12 of Regulation 7 of the ISSF General Regulations, there is a provision laid down for 'Juniors' which provides as under:- "7.4.12 Juniors Juniors are athletes who will be under the age of 21 on the day of the opening of the Championship concerned. Juniors may participate in all ISSF Championships and the Olympic Games as members of their national team." 30. Juniors may participate in all ISSF Championships and the Olympic Games as members of their national team." 30. Para 7.5.2 of Regulation 7 of the ISSF General Regulations provides as under:- "7.5.2 In the World Championships each nation can enter a maximum of three (3) athletes in Individual events, two (2) Mixed Teams in respective Mixed Team events and one (1) Team in the respective Team events." 31. Para 7.5.3 of Regulation 7 of the ISSF General Regulations provides for number of athletes which are allowed in World Championship Junior and reads as under:- "7.5.3 In the World Championships Juniors each nation can enter a maximum of six (6) athletes in Individual events. Two (2) of those athletes must be under the age of eighteen (18) years on the day of the opening of the Championship concerned. A maximum of three (3) athletes of one nation (the three to pranked after Qualification) may proceed to the Final." 32. Para 7.5.8 of Regulation 7 of the ISSF General Regulations provides as under:- "7.5.8 In World Championships, juniors may participate in the men's and the women's competitions, but in one (1) category only at the same Championships (place and dates)." 33. Para 7.5.9 of Regulation 7 of the ISSF General Regulations provides as under:- "7.5.9 If there is no particular junior event in a Championship, juniors may participate in this event as a member of the national team, even if they participate in another junior event in the same Championship." 34. From the aforesaid, it is thus clear that the ISSF does not draw any difference between Juniors and Seniors in the World Championship while there is a separate event by the name of World Championship Juniors. 35. The petitioners have placed on record, by way of rejoinder, the details relating to the World Championship held at Changwon, South Korea. The World Championship does not mention it to be World Championship Juniors. From the tally record of the nations, it is seen that India stood Third with overall medal standings 27 which included the medal won by the petitioners as detailed out in the medals tally by individual event as well as team event. In 10 Meter Air Rifle Women Team, India scored Silver whereas in 10 Meter Air Rifle Women Junior Team, India scored Gold. 36. In 10 Meter Air Rifle Women Team, India scored Silver whereas in 10 Meter Air Rifle Women Junior Team, India scored Gold. 36. Similarly, for Trap Junior Men Team, India scored Silver which is counted in the overall tally of the World Championship. The 52nd ISSF World Championship of Events results also mention name of Kaushik Manini as having scored total 621.2 with world record. Thus, India team includes the petitioner and two others namely; Valarivan Elavenil and Agarwal Shreya. 37. As noticed in ISSF General Regulations, a Junior can also participate in the World Championship as per Para 7.5.8 of Regulation 7. 38. The World Championship Team can be of 3 athletes only in individual event and since only 3 persons have been included for the world record; Gold Medal, as above, in view of Para 7.5.2 of Regulation 7 of the ISSF General Regulations, the petitioners are to be treated to have participated in the World Championships and not in World Championship Junior. The distinction, therefore, for ousting the petitioner is wholly whimsical and artificial. 39. In the opinion of this Court, such distinction to deprive a rightful candidate having scored Gold Medal at the World Championship is clearly unjustified and discriminatory per-se. 40. This Court observes that the approach adopted by the Committee to the interim order passed by this Court is also not in good taste. The observations made to the order of the Court stating that there was no cause of action in favour of the petitioners is found to be not warranted. This Court is of the firm view that any order passed by the judiciary is required to be accepted with humility and respect and no officer of the State Government is expected to make comments or remarks as made in the minutes of the Committee meeting held on 16/10/2020. This Court observes that the officers hold high ranks in the State Government, however, the orders of this Court are required to honoured not only by the State Government executives but even by other members of the subordinate judiciary. 41. Leaving it at that, this Court finds that the decision of the Committee in rejecting candidature of the petitioners is wholly illegal and de-hors the Rules of 2017. The Rules do not make any distinction between a participant in the World Championship/Olympics. 42. 41. Leaving it at that, this Court finds that the decision of the Committee in rejecting candidature of the petitioners is wholly illegal and de-hors the Rules of 2017. The Rules do not make any distinction between a participant in the World Championship/Olympics. 42. The minutes of the Committee, which recommended names for appointment, were also called and this Court finds that those, who participated in Asian Games, have been allowed to be appointed in Category-A in the Rajasthan Police Services and other services. The petitioners, who have participated in the World Championships, which is at higher category than Asian Games as per Rule 10, would, therefore, be also entitled to be considered and offered appointment in Category A. 43. Accordingly, both these writ petitions are allowed. The petitioners are held eligible for consideration for appointment in Category A under the Rules of 2017 and the respondents are directed to consider case of the petitioners for appointment by holding a meeting of the Committee within seven days hereinafter and if the petitioners are otherwise suitable they shall be treated to be given appointment from the date the other candidates have been appointed under the recommendations of the Committee dated 16/10/2020 with all consequential benefits of seniority etc.. No costs.