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2022 DIGILAW 2123 (RAJ)

Bhavishya Sharma S/o Shri Kishan Kumar Sharma v. State Of Rajasthan, Through Principal Secretary, Agriculture And Horticulture Department, Secretariat, Jaipur (Raj. )

2022-07-27

ARUN BHANSALI

body2022
ORDER : 1. This writ petition has been filed by the petitioner seeking a direction to the respondents to consider the candidature of the petitioner for recruitment to the post of Agriculture Supervisor in Sportsperson Quota, appoint the petitioner on the said post with all consequential benefits. 2. It is inter alia indicated in the petition that pursuant to the advertisement dated 5/2/2021 (Annex.4) the petitioner applied for the post of Agriculture Supervisor; in the application form the petitioner indicated having participated in a tournament organized by the School Games Federation of India in the year 2015 and sought consideration of his candidature against the quota meant for Outstanding Sportsperson. 3. The advertisement dated 5/2/2021 was amended by another advertisement dated 5/7/2021, enhancing the quota for Outstanding Sportsperson from 16 to 40 as the total number of seats were enhanced from 842 to 2121. After written exam was held, list of candidates who were called for document verification was published on 30/11/2021, wherein, the candidates twice the number of posts were called. The petitioner appeared for document verification and filled up the form (Annex.8) and produced certificate pertaining to Outstanding Sportsperson (Annex.10). 4. Thereafter, a list was published by the respondent Board on 14/2/2022 (Annex.11) indicating the deficiencies in various forms after document verification, however, qua petitioner no such deficiency was pointed out. 5. In the list of selected candidates issued by the respondent Board dated 7/3/2022 (Annex.12), though the marks obtained by the petitioner were higher than the cut off meant for Outstanding Sportsperson, his roll number did not appear in the list of selected candidates. The petitioner made a representation on 8/3/3022 to the respondent Board. On 10/3/2022 (Annex.15) the petitioner made another representation indicating that he had produced the certificate pertaining to the games organized by the School Games Federation of India, based on which he was not included in the list of selected candidates and that he has participated in one more National Championship and produced a certificate in this regard (Annex.16) and prayed that his candidature may be considered against the quota of Outstanding Sportsperson, however, when the same was not considered, the present petition has been filed. 6. 6. Learned counsel for the petitioner made submissions that action of the respondent Board in not considering the candidature of the petitioner against the Outstanding Sportsperson quota is not justified inasmuch as the petitioner, based on the certificate now produced by him, is clearly entitled for the same and, therefore, the action of the respondents in denying the consideration to the petitioner is not justified. 7. Submissions have been made that if the certificate (Annex.10) produced by the petitioner regarding his participation in the games organized by the School Games Federation of India did not make him eligible for consideration against the quota meant for Outstanding Sportsperson, in the list dated 14/2/2022 (Annex.11), the petitioner should have been called upon to produce the requisite certificate, however, no such opportunity was given though the petitioner was in possession of another certificate (Annex.16) and when the petitioner produced the certificate (Annex.16), the same has not been taken into consideration, which action of the respondent is not justified. 8. Submissions have been made that from the certificate (Annex.16) it is apparent that the petitioner has participated in Sub Junior National Football Championship – 2016, which makes him eligible for consideration against the quota meant for Outstanding Sportsperson and, therefore, the action of the respondent in this regard deserves to be quashed and set aside. 9. Learned counsel appearing for the respondents supported the action impugned. It was submitted that in terms of the advertisement, a candidate, who had participated in a tournament organized by School Games Federation of India, is required to have won a medal at the said tournament, however, as the certificate produced by the petitioner vide Annex.10 only indicated participation and he has not won any medal in the said game, he was rightly not considered against the quota meant for Outstanding Sportsperson. 10. Further submissions have been made that as the certificate produced by the petitioner clearly showed that he was ineligible, his claim against the quota was rejected by the respondent Board and, therefore, his name was not included in the list dated 14/2/2022 which pertained to the deficient cases. It was submitted with reference to the list (Annex.11) that in none of the cases, the certificates as produced were found ineligible, no other opportunity was provided and in that view of the matter, the action of the respondents cannot be faulted. 11. It was submitted with reference to the list (Annex.11) that in none of the cases, the certificates as produced were found ineligible, no other opportunity was provided and in that view of the matter, the action of the respondents cannot be faulted. 11. Further submissions have been made that the petitioner is not entitled to rely on the certificate (Annex.16) in substitution of what was indicated by him in the application form and as the candidature of the petitioner as Outstanding Sportsperson has already stood rejected, the substitution of certificate is not permissible and, therefore, the petition deserves dismissal. 12. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 13. The petitioner, pursuant to the advertisement dated 5/2/2021 applied for the post of Agriculture Supervisor by filling up the application form on 1/3/2021. In the application form the petitioner clearly indicated himself as Outstanding Sportsperson and a National Sportsperson, the petitioner indicated that he had participated in National Tournament as a team player and the game was organized by the School Games Federation of India and participation was in the year 2015 in the Game Football. 14. The advertisement inter alia provided that for claiming the benefit of Outstanding Sportsperson, a candidate was required to have won a medal in the School National Games organized by School Games Federation of India. The other eligibility indicated was participation in the National Championship/Para National Championship or National Games/National Para Games conducted by Indian Olympic Association or Para Olympic Committee of India or National Sports Federation affiliated with it. 15. When the petitioner appeared for document verification, in the form filled up by him at the time of document verification, the petitioner again made reference to the certificate dated 3/2/20215 issued by the School Games Federation of India (Annex.10) and the same was attached by him along with the form. Based on the prayer made in the application form and the certificate produced by the petitioner, as admittedly the petitioner had not won any medal at the 60th National School Games 2014-15 in the Sport Football organized by the School Games Federation of India, the claim made by the petitioner in this regard was rejected. 16. Based on the prayer made in the application form and the certificate produced by the petitioner, as admittedly the petitioner had not won any medal at the 60th National School Games 2014-15 in the Sport Football organized by the School Games Federation of India, the claim made by the petitioner in this regard was rejected. 16. The submissions made that when the respondents on checking the eligibility of the petitioner did not find him eligible as per the certificate produced by him, they should have accorded another opportunity to the petitioner, as provided to other candidates vide communication dated 14/2/2022 (Annex.11), cannot apparently be accepted inasmuch as a look at the list of candidates and the deficiencies pointed out, it is apparent that those were the cases wherein the documents produced were deficient. None of the cases indicated, wherein, as per the documents produced, the candidates, who were ineligible, were afforded another opportunity to produce another certificate, as obviously the respondent Board cannot assume that though the candidate has produced a certificate by which he is ineligible, he may be in possession of a certificate which may make him eligible, so as to provide him another opportunity in this regard. 17. Submissions made that even the candidates, who had not attached the Sports certificate were called upon to produce the same, the said fact situation also cannot be equated with the cases, wherein, the certificate produced clearly indicated that the petitioner was ineligible to seek benefit as Outstanding Sportsperson and, therefore, on that count also the submissions made cannot be accepted. 18. The submissions made that as the petitioner is in possession of a certificate, which makes him eligible in seeking benefit of Outstanding Sportsperson (Annex.16) and, therefore, the respondent Board be directed to take the same into consideration, the plea raised, though on the face of it may appear innocuous, the same would have implication for the candidates, who have already been selected under the Outstanding Sportsperson quota and, therefore, to permit a candidate, who is ineligible as per the indication made in the application form as well as on the basis of certificate produced during the course of document verification, to substitute the certificate by another certificate for claiming eligibility, cannot be permitted as the same essentially would be permitting a candidate to change the claim already made in the application form, which is not permissible in law. 19. Further, nowhere in the petition the petitioner has provided any plausible explanation regarding not referring to/annexing/producing the certificate (Annex.16) in the application form/during document verification, as the eligibility requirement in the advertisement was very specific, wherein, a participation in the tournament organized by the School Games Federation of India was not sufficient for the purpose of claiming benefit as an Outstanding Sportsperson. 20. In view of the above discussion, the plea raised by the petitioner based on non-issuance of notice for production of another certificate and the prayer made for taking into consideration the certificate (Annex.16) for the purpose of claim made by the petitioner as Outstanding Sportsperson, cannot be granted. 21. Consequently, the petition has no substance and the same is, therefore, dismissed.