Mohini Ritika Toppo v. State of Jharkhand through Principal Secretary, Department of Administrative and Personnel
2025-07-28
DEEPAK ROSHAN
body2025
DigiLaw.ai
JUDGMENT : Deepak Roshan, J. Heard learned counsel for the parties. 2. In the writ petition, the petitioner has prayed for the following reliefs: - (i) For issuance of an appropriate writ, order or direction, directing the respondent authorities to show cause as to why the respondents have not allotted 2% of the seats for being filled through the sports quota; (ii) If no cause or insufficient cause is shown by the respondent authorities, for issuance of an appropriate writ, order or direction, directing the respondents to identify and allot reservation of 2% against sports quota; (iii) Declare that the action of the respondents in rejecting the candidature of the petitioner against the sports quota illegal and consequently declare the petitioner to be eligible for being appointed against the sports quota and accordingly consider her case for appointment and if otherwise found qualified appoint her against an appropriate post. 3. The brief facts of the case as it appears from the pleadings are that Jharkhand Public Service Commission (“JPSC”) published an Advertisement bearing No. 23 of 2016 for the Combined Civil Services Examination. The exam was conducted to recruit candidates for various posts within the State of Jharkhand. Clause 7(Gha) provides for horizontal reservation under the sports quota. The petitioner was awarded Certificate of Honor on 10.09.2005 for participation in 3rd KAJ State Karate Championship held at Town Hall, Ranchi from 09.09.2005 to 11.09.2005 and was placed 2nd in the Team Individual Shiai/Kata event for Girls below 13 years/ in the Black Belt, Below Black Belt Individual Weight category. The petitioner was awarded Silver Medal, by Karate—Do Association of Jharkhand. Further fact reveals that the Karate- Do Association of Jharkhand is affiliated to All India Karate-Do Federation and further All India Karate-Do Federation is also recognized by International Olympic Committee, as per the Certificate annexed by the petitioner. Pursuant to the Advertisement published by the JPSC in the year 2016 for the Combined Civil Services Examination and on the basis of the Certificate dated 10.09.2005, the petitioner applied under the reserved category (Scheduled Tribe) and Sports quota on 25.10.2016. The petitioner fulfilled the eligibility criteria including minimum educational qualification as prescribed under the Advertisement. 4. The petitioner applied on 25.10.2016 and the JPSC has issued registration details of the petitioner which is annexed as Annexure-3 forming part of the main writ petition.
The petitioner fulfilled the eligibility criteria including minimum educational qualification as prescribed under the Advertisement. 4. The petitioner applied on 25.10.2016 and the JPSC has issued registration details of the petitioner which is annexed as Annexure-3 forming part of the main writ petition. The Registration number of the petitioner was 16059025 and, in the details, it was mentioned that the petitioner has applied under Scheduled Tribe category and was claiming reservation under the Sports quota. Further the Certificate issued to the petitioner on 10.09.2005 finds place in the registration details. JPSC has issued an Admit Card to the petitioner for the preliminary examination which was to be conducted on 18.12.2016. In the Admit Card it was mentioned that the petitioner was claiming Sports reservation. Thereafter, the JPSC has published the results of the preliminary examination in which the petitioner was duly qualified under the reserved (Scheduled Tribe) category. The JPSC has issued Admit Card to the petitioner for the Mains Examination which was held in January- February, 2019. The result of the Mains Examination was published and the petitioner was declared successful under the reserved (Scheduled Tribe) category. Thereafter, the JPSC has issued Interview e-Call Letter to the petitioner. Thereafter, the JPSC published the cut-off marks for final results wherein the cut-off mark under reserved (Scheduled Tribe) Category was shown as 524 marks. 5. On perusal of the cut-off marks it transpires that no cut-off marks were given for the Sports quota. JPSC published the final results on their official website on 21.04.2020 from which it is evident that the petitioner had scored 435 marks out of 1050 marks in written examination, and 66 marks out of 100 marks in interview, which is total 501 marks out of 1150 marks. In the remark column it was mentioned that “Sports Certificate is not as per advertised requirement”. Resultantly, the petitioner was not selected which led to the filing of the present writ petition. 6. The JPSC had filed their Counter Affidavit on 31.07.2020 wherein they have stated the following: “6. The State of Jharkhand vide Circular No.1709 dated 12.09.2007, fixed criteria for giving benefit of reservation under sports quota in the services of State to the sports person. 9.
6. The JPSC had filed their Counter Affidavit on 31.07.2020 wherein they have stated the following: “6. The State of Jharkhand vide Circular No.1709 dated 12.09.2007, fixed criteria for giving benefit of reservation under sports quota in the services of State to the sports person. 9. Candidates who were willing to claim benefits of reservation under sports quota, they were required to submit the sports certificate in terms of Notification of the State Government, as per clause 7(Gha) (i) of the advertisement. 12. Petitioner submitted her online application form for consideration of her candidature against the advertised post in S.T Category under sports quota and petitioner in support of her claim for extending the benefits of reservation under sports quota has mentioned the details of the Competition and dated of issuance of certificate. 13. On the basis of the declaration made by petitioner in her online application form treated her candidature under S.T. category. 17. Petitioner was declared successful in the P.T result dated 23.02.2017. 31. Petitioner was declared successful in main examination. 34. On 02.03.2020 Petitioner appeared before J.P.S.C for verification of documents. 35. On 03.03.2020 appeared for interview. 39. Selection process in terms of advertisement no. 23/2016 has already been completed. 41. Sports certificate issued by Karate Do Association of Jharkhand for participation in state karate championship is not valid for extending the benefits of reservation under sports quota in terms of Clause-7(Gha) of the advertisement. 42. Sports certificate relied by the petitioner is not of international or national level or in terms of Clause-7(Gha) of the Advertisement and as such is not valid for extending the benefits of reservation under sports quota.” 7. The petitioner had filed the Rejoinder to the Counter Affidavit on 07.08.2020 wherein the petitioner has stated the following: - “7. ……Petitioner was selected under sports Quota in ST Category, the same is evident from the preliminary admit cards issued by the Respondents. 9. Checklist was the copy of the verifying assistant, the same was not copy of the petitioner. The verification of Document was done by the Controller officer. Where the controller has marked “Yes sports certificate. 12. As per the knowledge of petitioner, there are 6 seats to be filled up under sports quota which is till vacant. 13. Certificate as issued to the petitioner is recognized by International Olympic Committee. 14.
The verification of Document was done by the Controller officer. Where the controller has marked “Yes sports certificate. 12. As per the knowledge of petitioner, there are 6 seats to be filled up under sports quota which is till vacant. 13. Certificate as issued to the petitioner is recognized by International Olympic Committee. 14. Certificate of the petitioner is not just for participation, the same is certificate of honor in which the petitioner secured 2nd Rank i.e. Silver Medal and as per Clause7 (Gha). 17. Petitioner is the sole candidate who has applied under sports quota.” 8. Thereafter the State Government had filed their Counter Affidavit dated 19.12.2020, inter-alia stating therein the following: - “3. Petitioner scored 501, whereas the final cut off marks under ST category 524, thus the Petitioner did not qualify. Also, JPSC didn’t find the Petitioner eligible to get horizontal reservation under the sports quota. 7. Eligibility criteria for horizontal reservation under sports quota has been laid down by resolution no.1709 dt.12.09.2007. 10. Respondent No.1 is a Performa respondent.” 9. Thereafter, the petitioner has filed rejoinder dated 29.01.2021 inter-alia stating therein the following: - 5. Petitioner applied under the reserved Schedule Tribe Quota and also applied under the sports quota on 25.10.2016 and thereafter the petitioner was declared successful till the stage of interview. But, after fulfilling all required criteria and terms and conditions of the advertisement the respondents has not declared the cut off marks under sports quota. 6. The petitioner scored 501 marks which is less than final cut off marks under ST category as well as respondent JPSC did not find the petitioner eligible to get horizontal reservation under sports quota. Till date the JPSC has not published the final cut off marks under sports quota. 7. There are 2 types of reservation- vertical reservation and horizontal reservation. The reservation in favor of Scheduled Castes, Scheduled Tribes and other backward classes (under Article 16(4) is vertical reservation, whereas reservation in favor of sports quota can be referred to as Horizontal reservation. Horizontal reservation cut across the vertical reservation is called interlocking reservations” 10. By an order dated 31.08.2021 this Court had directed the State Government to file a specific affidavit to show as to how the Sports Certificate of the petitioner is not as per advertised requirement.
Horizontal reservation cut across the vertical reservation is called interlocking reservations” 10. By an order dated 31.08.2021 this Court had directed the State Government to file a specific affidavit to show as to how the Sports Certificate of the petitioner is not as per advertised requirement. The State Government in compliance to the order dated 31.08.2021 has filed their affidavit dated 16.11.2021, inter-alia stating the following: - 7. Department of Personnel Administrative Reform and Rajbhasha sought report from Department of Tourism, Arts, Culture, Sports and youth Affairs Department regarding definition of Sports person in context of 2% Reservation for sports person mentioned in Jharkhand Sports Policy 2007. 8. Department of Tourism, Arts, Culture, Sports and youth Affairs replied vide letter no.1466 dated 06.10.2021 informing that the sports persons who are eligible to be given benefit of 2 % reservation in State Level posts and service is clearly mentioned in Clause-9 of the Jharkhand Sports Policy, 2007 issued vide Resolution No.1709 dated 12.09.2007 of the Department of tourism, Art, Culture, Sports and Youth Affairs, Ranchi. 9. Department of Tourism sought report from Secretary General, Jharkhand Olympic Association regarding Sports Certificate obtained by Petitioner for her participation in KAJ state Karate Championship. 10. Secretary General, Jharkhand Olympic Association dated. 05.10.2021 a. Karate Association of Jharkhand is not affiliated to Indian Olympic Association and Jharkhand Olympic Association. b. Certificate issued by State sports Association duly affiliated to respective National Sports Federation at all India level and affiliated to State Olympic Association at State level can only be held valid. c. As such KAJ is not affiliated to Jharkhand Olympic Association hence any certificate issued should not be accepted as valid certificate. 10. In view of the report received from Department of Tourism, Art, Culture, Sports and Youth Affairs Sports certificate of Petitioner is not as per the Jharkhand Policy, 2007 for extending reservation benefit in direct recruitment.” 11. Thereafter, the petitioner has filed Rejoinder dated 22.12.2021, inter-alia stating therein the following: - 7. Respondent No.1 while seeking report from the Department of Tourism, has not given the full details of date and year of issuance of the certificate and has not provided that certificate in question was issued by Karate Do Association of Jharkhand on such date and not by Karate association of Jharkhand. 10.
Respondent No.1 while seeking report from the Department of Tourism, has not given the full details of date and year of issuance of the certificate and has not provided that certificate in question was issued by Karate Do Association of Jharkhand on such date and not by Karate association of Jharkhand. 10. Karate Do Association of Jharkhand is affiliated to All India Karate Do Federation, Indian Olympic Association and is also recognized by Ministry of Youth Affairs and Sports, Government of India and Indian Olympic Association. Karate-Do Association of Jharkhand is member of Asian Karate-do Federation and World Karate Federation and the same is also recognized by International Olympic Committee. Petitioner is not seeking for direct recruitment; the petitioner has participated in all the stages of Combined Civil Service and is seeking horizontal reservation as per Clause 7(D) of the Advertisement. Moreover, some candidates viz. Bimla Munda, Vijay Kumar and Seema Kumari Sinha were given the benefit of sports quota and were provided the benefit of Clause-9 of the Jharkhand Sports Policy, 2007 on the basis of the certificates issued from same organization by virtue of which they further participated in 34th National Games. The Petitioner also participated in selection process of 34th National Games and secured medal, where the procedure for participation requires the Petitioner to submit certificates, that on basis of the same Sports Certificate dt.10.09.2005, Petitioner was allowed to participate.” 12. Thereafter, State Government had filed their affidavit dated 29.07.2022, inter-alia stating therein the following: - “3. Respondent No.1 vide letter dt. 19.07.2022 sought report from Department of Tourism, Arts, Culture, Sports and Youth Affairs regarding validity of Sports Certificate issued by Karate Do Association 4. Report dt.20.07.2022 submitted by Department of Tourism, Arts, Culture, Sports & Youth Affairs, Ranchi i. Provision contained in point 9 of Resolution no. 1709 dated 12.09.2007 is “The state Government is implementing new policy of extending 2% reservation to the sportsperson in all state government vacancies. For appointment on the reserved post following standard for achievement in sports is decided” ii. Report from Secretary General, Jharkhand Olympic Association dated 05.10.2021 the karate Association of Jharkhand is affiliated neither to Indian Olympic Association nor to the Jharkhand Olympic Association. Therefore, Petitioner is not eligible for availing reservation in appointment in government service as per the Jharkhand Sports Policy, 2007. iii. As per Sports Certificate Petitioner achieved 2nd place.
Report from Secretary General, Jharkhand Olympic Association dated 05.10.2021 the karate Association of Jharkhand is affiliated neither to Indian Olympic Association nor to the Jharkhand Olympic Association. Therefore, Petitioner is not eligible for availing reservation in appointment in government service as per the Jharkhand Sports Policy, 2007. iii. As per Sports Certificate Petitioner achieved 2nd place. Point 9 of resolution dated 12.09.2007 sportsperson who has achieved either a medal in Competition organized by International Olympic Committee or Federations associated with it or 1st place in National Championship level Competition organized by Indian Olympic association or Federations associated with it or International Record in National Level Competition shall be eligible to avail reservation under sports category in Class-II level post. 5. Based on the point 9 of Resolution dt.12.09.2007 and the report from Jharkhand Olympic Association and Point 7(Gha)(i) (ii) and (iii) of the Advertisement Sports certificate of the Petitioner is not in consonance with state sports policy.” 13. By an order dated 25.07.2023 this Court had directed the State Government to file a specific affidavit as to whether the Certificate issued to the petitioner in the year 2005, which is at Annexure-2 to the main writ petition, was recognized by Indian Olympic Association at that point of time or not. The State Government filed their affidavit dated 14.08.2023, inter-alia stating therein: - “13. In terms of the provision contained in point 9 of Resolution no. 1709 dated 12.09.2007 of the Department of Arts, Culture, Sports & Youth Affairs and the report from Jharkhand Olympic Association and point 7 (Gha) (i), (ii) and (iii) of the Advertisement no.23/2016, it has been submitted that the sports certificate relied upon by the petitioner is not in consonance with State Sports Policy for availing benefits in Class II posts under State Government. 14. Certificate issued to petitioner in the year 2005, which is at Annexure2, was recognized by the Indian Olympic Association at that point of time, then also on the basis of facts mentioned in above para 3(iii) that certificate will be eligible only for recruitment of Class III and IV posts and not for Class II posts published in Advertisement no.23/2016 by JPSC. 15. State Sports Policy framed by Department of Arts, Culture, Sports and youth affairs, so the issue of validity of the sports Certificate can only be clarified by the said department.
15. State Sports Policy framed by Department of Arts, Culture, Sports and youth affairs, so the issue of validity of the sports Certificate can only be clarified by the said department. but the Department of Arts, Culture, Sports & Youth Affairs has not been made respondent. 16. Respondent No.1 vide letter no.4569 dated 08.08.2023 sought report from Department of Arts, Culture, Sports and youth affairs. 17. Respondent No.1 prayed to implead the Department of Arts, Culture, Sports and youth affairs as respondent.” 14. By another order dated 16.08.2023 this Court had directed to implead Department of Arts, Culture, Sports and Youth Affairs, Government of Jharkhand and had further directed the Department to file specific affidavit on the issue as to whether Karate-Do Association was affiliated from Indian Olympic Association or the Jharkhand Olympic Association and whether the Certificate issued by them was valid or not. 15. The Department of Arts, Culture, Sports and Youth Affairs had filed their affidavit dated 01.09.2023, inter-alia stating therein the following: - “6. Jharkhand Olympic Association which is affiliated to Indian Olympic Association which is affiliated to Indian Olympic Association vide letter dated 23.08.2023 has informed to the Deputy Secretary of the Department that Karate Do Association was not recognized by Indian Olympic Association at that point of time in 2005. 7. As per letter dated 23.08.2023 of the Jharkhand Olympic Association which is affiliated to Indian Olympic Association it is evident that Karate Do Association was not recognized by the Indian Olympic Association at that point of time in 2005.” 16. Thereafter, petitioner had filed the rejoinder dated 17.10.2023, inter-alia stating therein the following: - “4. That this Hon'ble Court vide order dated 25.07.2023 has directed the State Government to file a specific affidavit "Whether the certificate issued to the petitioners (Mohini Ritika Toppo) in the year, 2005 was recognized by the Indian Olympic Association at that point of time or not". 5. That pursuant to the order dated 25.07.2023 passed by this Hon'ble Court, the Jharkhand Olympic Association vide letter no. JOA/SG/2023/98 dated 23.08.2023 and has stated that the Karate-Do-Association of Jharkhand was not recognized by the Indian Olympic Association at that point of time in 2005. 6.
5. That pursuant to the order dated 25.07.2023 passed by this Hon'ble Court, the Jharkhand Olympic Association vide letter no. JOA/SG/2023/98 dated 23.08.2023 and has stated that the Karate-Do-Association of Jharkhand was not recognized by the Indian Olympic Association at that point of time in 2005. 6. That pursuant to the order dated 16.08.2023, the Secretary, Department of Arts, Culture, Sports and Youth Affairs, Government of Jharkhand was impleaded as Respondent no.4 and this Hon'ble Court had directed Respondent No.4 to file a specific affidavit on the issue as to whether Karate-Do-Association was affiliated from Indian Olympic Association or to the Jharkhand Olympic Association and whether the certificate issued by them is valid or not, which has been brought on record as Annexure-2 to the writ petition. 7. That with regard to the statement made in paragraph Nos. 6 and 7 of the counter affidavits, it is stated that vide letter dated 15.09.2023, the petitioner has sought information from the Director, Department of Arts, Culture, Sports and Youth Affairs, Government of Jharkhand regarding the validity of the Sports Certificate dated 10.09.2005 issued by Karate-Do-Association. 8. That pursuant to the letter dated 15.09.2023 made by the petitioner, letter dated 23.08.2023 issued by Jharkhand Olympic Association, letter no. 394 dated 23.08.2023 and letter dated 30.09.2023 issued by the then Secretary, Karate-Do-Association Jharkhand, the Department of Arts, Culture, Sports and Youth Affairs, Government of Jharkhand has issued a letter as contained in Memo No. 568 dated 04.10.2023, inter alia, stating, therein the following facts: i. This Certificate was issued for securing second place (Silver Medal) in the year 2005 for a championship organised by us in compliance with the Olympic charter. ii. Karate-Do-Association of Jharkhand (KAJ) was duly affiliated to All India Karate Do Federation (AIKF) recognised by Indian Olympic Association and world Karate Federation duly recognised by International Olympic committee in the year 2005. iii. The Certificate issued by KAJ should be accepted as a valid certificate. 9. That on perusal of the letter as contained in Memo No. 568 dated 04.10.2023 issued by the Department of Arts, Culture, Sports & Youth Affairs, Government of Jharkhand, it is clear that the certificate issued to the petitioner in the year 2005 was duly affiliated to All Karate DO Federation recognized by the Indian Olympic Association and World Karate Federation duly recognised by International Olympic committee in the year 2005. 10.
10. Thus, from the forgoing paras, it is evident that the Sports Certificate dated 10.09.2005 issued to the petitioner is a valid certificate and it also stands valid in terms of the Clause7(Gha) (i) of the advertisement that the Petitioner has relied upon.” 17. In the backdrop of above facts, it would be apt to first go through the details of the eligibility under “Sports Quota” as has been incorporated under Clause 7(Gha) of the advertisement, which reads as under:- **7¼/k½ [ksydwn dksVk ds vUrxZr vkj{k.k dk nkok dyk laLd`fr [ksydwn] ,oa ;qok dk;Z foHkkx] >kj[k.M ljdkj ds Kkikad&1709 fnukad&12-09-2007 }kjk Js.kh&AA ds inksa ij lh/kh fu;qfDr gsrq fu/kkZfjr fuEu ekud ds vuqlkj vueq kU; gksxk izfr;ksfxrk dk Lrj miyfC/k A vUrjkZ"Vªh; vksyfEid dfeVh vFkok muls lacaf/kr QsMjs'kuksa }kjk vk;ksftr izzfr;ksfxrkA esMy AA Hkkjrh; vksyfEid la?k vFkok mlls lEc) QsMjs'kuksa }kjk vk;ksftr jk"Vªh; pSfEi;u'khi Lrj dh izfr;ksfxrkA izFke LFkku AAA jk"Vªh; Lrj dh izzfr;ksfxrkA fo'o fjdkMZ 18. The policy as contained in Memo No. 1709 dated 12.09.2007 of extending 2% reservation to the Sports Persons in all State Government vacancies for appointment on the reserved posts following standard for achievement in sports is as follows: - Level of Completion Achievement Class of posts for direct appointment (i) Competition organized by International Olympic Committee or Federations associated with it. (ii) National Championship level Competition organized by India Olympic Union or Federations associated with it. (iii) National Level Competition Medal First Place International Record Class-II (For example, Deputy Police Superintendent, Assistant Forest Conservator, Assistant Director (Sports) etc.) (i) National Level Competition organized by India Olympic Union or Federations associated with it. (ii) State Level Championship (involving as many States as possible, organized by vf/kdkf/kd ) Jharkhand Olympic Union or Federations associated with it. (iii) Sportsman establishing National record. Second/ Third Place First Place National Record Class-III (For example, Police Inspector, Police Sub- Inspector, Forest Area Officer, State Sports Officer, Sports Instructor, etc.) State Level Championship (involving as many States as possible, organized by vf/kdkf/kd ) Jharkhand Olympic Union or Federations associated with it. Second/ Third Place Class-IV (For example Sepoy, Forest Guard etc.) 19. The counsel for JPSC has relied upon the judgment dated 18.06.2021 passed by the Division Bench of this Court in W.P.(S) No. 1954 of 2020 (Shilpa Dalmia Vrs.
Second/ Third Place Class-IV (For example Sepoy, Forest Guard etc.) 19. The counsel for JPSC has relied upon the judgment dated 18.06.2021 passed by the Division Bench of this Court in W.P.(S) No. 1954 of 2020 (Shilpa Dalmia Vrs. JPSC & Ors.) and has submitted that the petitioner is not eligible in terms of the order passed by the Division Bench. 20. On a conjoint reading of the Clause 7(Gha) of the Advertisement and the Sports Policy it is evident that the candidate who is claiming benefits for horizontal reservation under Sports Quota in the light of the Sports Policy issued by the Government of Jharkhand vide Memo No. 1709 dated 12.09.2007, is required to fulfil any of the three conditions as mentioned in the Advertisement at Clause 7(Gha) i.e. either candidate has achieved “Medal” in the competition organized by International Olympics Committee or Competition organized by Federation attached with it; OR has secured “First Position” in the Competition organized at National Level by Indian Olympic Association or Federation attached with it; OR has “World Record” in the Competition Organized at National Level; meaning thereby, in either of the three situations the candidates would be given the benefit of horizontal reservation to the extent of 2% under Sports Quota. 21. The petitioner has claimed benefits of horizontal reservation under Sports Quota on the basis of the certificate produced by her which is annexed at Annexure-2 of the writ petition. The State Government has filed various affidavits and has changed their stand consistently. In the affidavit dated 16.11.2021 filed by the State Government, they have stated that the Karate Association of Jharkhand is not affiliated to Jharkhand Olympic Association and Indian Olympic Association hence, any certificate issued should not be accepted as valid certificate. On 14.08.2023, the State Government has again filed their affidavit in which they taken a contrary stand that the certificate issued to the petitioner in the year 2005 was recognized by the Indian Olympic Association at that point of time and further, they have stated that the State Sports Policy is framed by the Department of Arts, Culture, Sports and Youth Affairs, Government of Jharkhand, so the issue of validity of the Sports Certificate can only be clarified by the said Department.
The State Government has again filed their affidavit dated 01.09.2023 wherein they have stated that Karate-Do Association was not recognized by the Indian Olympic Association at that point of time in the year 2005. 22. The petitioner has produced a letter dated 04.10.2023 issued by the State Government which has been annexed in the Rejoinder dated 17.10.2023 wherein it has been clearly stated that the Certificate issued to the petitioner in the year 2005 was duly affiliated to All India Karate Do Federation recognized by the Indian Olympic Association and World Karate Federation duly recognized by International Olympic Committee in the year 2005 and the Certificate issued by Karate Do Association of Jharkhand should be accepted as a valid certificate. 23. The judgment relied upon by the counsel for the respondent-JPSC and the State Government helps the case of the petitioner as the issue in the case of Shilpa Dalmia (supra) was whether the Certificate produced in the said case was valid as per the Advertisement and Sports Policy. In the case of Shilpa Dalmia (supra) the certificates produced by the petitioner did not fall under the conditions mentioned in the Advertisement and the relevant Clause of the Sports Policy. In the case at hand, the certificate produced by the petitioner falls under the conditions mentioned in the Clause 7(Gha) of the Advertisement and the Sports Policy as the petitioner has secured medal (second position, Silver Medal) in the year 2005 for a championship organized by Karate-Do Association of Jharkhand in compliance with the Olympic charter and Karate-Do Association of Jharkhand was duly affiliated to All India Karate-Do Federation recognized by Indian Olympic Association and World Karate Federation duly recognized by International Olympic Committee in the year 2005 and in view of the certificate produced by the petitioner, the petitioner fulfilled the eligibility criteria of the Advertisement and is eligible. 24. Having regard to the facts that the petitioner fulfils the eligibility criteria as per the Advertisement, Sports Policy and the certificate dated 10.09.2005 has been found to be valid by the State Government as per the Advertisement, the act of the respondents in rejecting the candidature of the petitioner is arbitrary and illegal. The petitioner is eligible to be appointed against the Sports Quota and the petitioner candidature should be considered as there are 6 seats vacant.
The petitioner is eligible to be appointed against the Sports Quota and the petitioner candidature should be considered as there are 6 seats vacant. Accordingly, the respondent JPSC would consider the claim of the petitioner and make necessary recommendation. 25. The Respondent-State and the JPSC would undertake the entire exercise within a period of 12 weeks from the date of receipt /production of a copy of this order. 26. Accordingly, this Writ application is allowed. Pending I.A, if any, also stands disposed of.