Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 3024 (RAJ)

Madan Lal Mitharwal S/o Shri Tulchchha Ram Mitharwal v. State of Rajasthan

2022-12-20

REKHA BORANA

body2022
ORDER : 1. The petitioner has preferred the present writ petition with a prayer seeking appointment on the post of Teacher Grade-III (General Education) (Level-II) in subject English qua the recruitment process initiated vide advertisement dated 31.07.2018. 2. Brief facts of the case are that vide the abovementioned advertisement dated 31.07.2018, recruitment process was initiated and the petitioner applied qua the seats of District Nagaur. Total 502 seats were advertised qua District Nagaur out of which 10 were reserved for “outstanding sportsperson.” The provisional select list was issued on 03.09.2018 and the petitioner’s name found place in the same. Interestingly, the petitioner’s name found place in the final select list dated 09.01.2020 also but he was not afforded appointment. Against the said inaction on the part of the respondent-Department, the present writ petition has been preferred. 3. The case of the respondents is that the petitioner did not fall within the category of “outstanding sportsperson” as the certificate submitted by him does not comply with the requirements/parameters as laid down in the advertisement and therefore, the petitioner could not have been considered qua the said quota. It has further been submitted that the tournament in which the petitioner had participated had not been organized by the Olympic Association of Indian or the concerned Sports Federation as required in terms of the amended notification dated 15.03.2013. 4. It is not in dispute that the cut-off declared for the “outstanding sportsperson” category was 56.07 marks and the petitioner obtained 59.42 marks. The only ground for non-appointment of the petitioner is that the sports certificate submitted by him did not meet out the conditions as specified in the advertisement. 5. 4. It is not in dispute that the cut-off declared for the “outstanding sportsperson” category was 56.07 marks and the petitioner obtained 59.42 marks. The only ground for non-appointment of the petitioner is that the sports certificate submitted by him did not meet out the conditions as specified in the advertisement. 5. The conditions regarding “outstanding sportsperson” read as under: ^^¼[k½ mRd`"V f[kykfM+;ksa lacaf/kr Áko/kku & dkfeZd foHkkx }kjk tkjh vf/klwpuk Øekad ,Q&5 ¼31½ MhŒvksŒihŒ@,&2@84 fnukad 15-03-2013 ds rgr fd;s x;s la'kks/ku ds vuqlkj ^^mRd`"V f[kykfM+;ks** ls vfHkÁsr gS vkSj blesa lfEefyr gS jkT; ds ,sls f[kykM+h ftUgksaus%& ¼v½ bf.M;u vksyfEid ,lksfl,'ku ;k lacaf/kr ekU;rk ÁkIr us'kuy LiksV~lZ QsMjs'ku }kjk ekU;rk ÁkIr fdlh [ksydwn ds dksbZ varjk"Vªh; VwukesaV esa O;fDr'k% ;k Vhe Li/kkZ esa Hkkjrh; Vhe dk Áfrfuf/kRo fd;k gksA ¼c½ bf.M;u Ldwy LiksVZ QsMjs'ku ;k lacaf/kr ekU;rk ÁkIr us'kuy Ldwy xsEl QsMjs'ku }kjk ekU;rk ÁkIr fdlh [ksydwn ds dksbZ varjk"Vªh; VwukZesaV esa O;fDr'k% ;k Vhe Li/kkZ esa Hkkjrh; Vhe dk Áfrfuf/kRo fd;k gksA ¼l½ bf.M;u vksyfEid ,lksfl,'ku ;k lacaf/kr ekU;rk ÁkIr us'kuy LiksV~lZ QsMjs'ku }kjk ekU;rk ÁkIr fdlh [ksydwn ds dksbZ jk"Vªh; VwukZesaV esa O;fDr'k% ;k Vhe Li/kkZ esa esMy thrk gksA ¼n½ bf.M;u ;wfuoflZVht ,lksfl,'ku }kjk ekU;rk ÁkIr fdlh [ksydwn ds vkWy bf.M;k baVj;wfuoflZVh VwukZesaV esa O;fDr'k% Li/kkZ esa ;k Vhe Li/kkZ esa esMy thrk gksA buls fHkUu ;ksX;rk j[kus okys vH;FkhZ dks mRd`"V f[kykfM+;ksa ds fy;s vkjf{kr inksa ij p;u gsrq vik= ekuk tk;sxkA mRd`"V f[kykM+h gsrq vkjf{kr inksa dks n.Mor vkj{k.k ns; gksxkA bl oxZ esa vH;FkhZ miyC/k ugha gksus ij buds inksa dks lkekU; ÁfØ;k ls Hkjk tk;sxkA** 6. Clause C of the above conditions would be applicable to the present matter which specifies that a candidate to be an “outstanding sportsperson” ought to have won a medal in a national level tournament in a sport recognized by the Indian Olympic Association or any recognized national sports federation. 7. A perusal of the sports certificate placed on record as Annex.2 clarifies that the petitioner had participated in the Senior Men category of the Karate-Do championship and won a bronze medal. The tournament has been mentioned to be organized by ‘Shito-Ryu Seiko-Kaikarate-Do India’ which is an organization approved by ‘Karate Association of India’ and recognized by the Ministry of Sports and Youth Affairs of the Government of India. The certificate mentions the championship to be of a national level. The tournament has been mentioned to be organized by ‘Shito-Ryu Seiko-Kaikarate-Do India’ which is an organization approved by ‘Karate Association of India’ and recognized by the Ministry of Sports and Youth Affairs of the Government of India. The certificate mentions the championship to be of a national level. Meaning thereby, all the parameters as laid down in Clause C of the conditions of advertisement are fulfilled by the present petitioner. The petitioner participated in a national level tournament of Karate, the sport recognized by the authorized bodies and won a bronze medal. The tournament was admittedly organized by an institute/organization approved by a national level sports federation i.e. Karate Association of India and recognized by the Government of India. Moreover, when verification of the documents was called for by the respondent-Department from the organization which had conducted the said tournament i.e. Karate Association of India, it was specifically verified that the petitioner had participated in the said championship held from 16.08.2014 to 17.08.2014. Further, it has specifically been affirmed by the Ministry of Sports and Youth Affairs that the said Department has granted recognition to the Karate Association of India vide communication dated 14.02.2014 which has been placed on record as Annex.9. 8. The ground as raised by learned counsel for the respondents that the tournament was not organized or conducted by the Sports Federation of India or the Olympic Association of India in terms of the notification dated 15.03.2013 cannot be held to be tenable firstly, because the notification dated 15.03.2013 specifies the condition as under: “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.” 9. Clearly, the above condition specifies for the sport to be recognized by the Indian Olympic Association or the concerned recognized National Sports Federation. The condition does not provide that the event itself ought to have been organized by the Indian Olympic Association or the National Sports Federation. Admittedly, Karate is a sport and Karate Association of India is an association recognized by the Ministry of Youth Affairs and Sports which fact is evident from the list annexed as Annex.R/2 along with the reply by the respondents themselves. Admittedly, Karate is a sport and Karate Association of India is an association recognized by the Ministry of Youth Affairs and Sports which fact is evident from the list annexed as Annex.R/2 along with the reply by the respondents themselves. Secondly, the notification dated 21.11.2019 cannot be held applicable to the present recruitment which pertains to the year 2018; thirdly, there is no order of rejection of the candidature of the petitioner on the said ground by the respondent-Department and the ground has been raised for the first time in reply to the writ petition; and fourthly, the petitioner’s name found place in the final select list which was issued after verification of the documents. Therefore, the ground as raised by the respondents at this stage cannot be held to be tenable. 10. In view of the above observations, this Court is of the specific opinion that the petitioner does fall in the “outstanding sportsperson” category and deserves to be appointed in pursuance to his selection vide the final select list dated 09.01.2020. The writ petition is therefore, allowed. The respondents are directed to grant appointment to the petitioner on the post of Teacher Grade-III (General Education) (Level-II) in subject English in District Nagaur within a period of four weeks from the date of receipt of the present order. 11. It is made clear that the petitioner would be entitled to all the consequential benefits arising out of the said appointment. However, he would be entitled to the notional benefits till the date of appointment and to monetary benefits subsequent to his appointment. 12. Stay petition and all the pending applications stand disposed of.