Petitioner sought appointment as an outstanding sports person in a Group 'C' or 'D' post. Court examined eligibility under 2014 Rules requiring three years of continuous representation. Petitioner failed to prove he met statutory criteria for an outstanding sports person.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1684 of 2020
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Rohit Kumar, S/o Brahma Mahto, Resident of Village-Madhubani, P.S.Amnaur, District-Chapra (Saran) at Present residing at President Chamber, veerchand Patel Path, P.S.-Kotwali, District-Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Siyaram Shahi, Advocate Ms.Shally Kumari, Advocate For the Respondent/s : Mr. Ajay Kumar, AC to GP-4
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT
Date : 25-07-2023
Patna High Court CWJC No.1684 of 2020 dt.25-07-2023 2/6
had approached this Court with a plea that if an effort is made to fill up the entire post for which advertisement was issued, the petitioner may be selected.
"The petitioners under the aforesaid circumstances are directed to make a representation before the Principal Secretary, General Administration Department, Government of Bihar, Patna (Respondent No. 2) within a period of four weeks, who, on receipt of such representation and after consultation with the Department of Art, Culture and Youth, Government of Bihar, Patna, shall dispose off the same and pass necessary orders in accordance with law within a further period of ten weeks thereafter but definitely before the process of selection is finally completed. The order, needless to say, would be a reasoned order and in accordance with law.
With the aforesaid observation / direction, this petition stands disposed of."
memo No. 410(A) petitioner's representation has been rejected.
Patna High Court CWJC No.1684 of 2020 dt.25-07-2023 3/6
selection of throw ball players for Patna division.
Patna High Court CWJC No.1684 of 2020 dt.25-07-2023 4/6
Junior Championship were to be considered for their appointment as an outstanding sports persons. Games were identified accordingly.
"(घ) जजिन्हहोंनन जनयममावलली ममें अननुससूचली-1 कली ए-4, ए-5 ककोजटि ममें उजललजखित गनम्स / प्रजतयकोजगतमा ममें शमाजमल खिनल जवधमाओओं ममें रमाज्य कमा प्रजतजनजधत्व करतन हनुए प्रथम/जद्वितलीय/त त ृलीय पनुरस्कमार प्रमाप्त जकयमा हको अथवमा जजिनकली लगमातमार तलीन वररओं तक जबिहमार रमाज्य कली तरफ सन उक्त खिनल जवधमाओओं ममें जखिलमाडली कन रूप ममें सहभमाजगतमा रहली हको, अथवमा;"
games falling in category A-5 of schedule 1, such as throw ball, there is a requirement that the person must have represented the State government in the identified sporting discipline continuously for three years.
Patna High Court CWJC No.1684 of 2020 dt.25-07-2023 5/6
Patna High Court CWJC No.1684 of 2020 dt.25-07-2023 6/6
has not been able to make out a case for being considered in a process of selection initiated under 2014 Rules. The petitioner may be a sports person, but surely is not an outstanding sports person as contemplated under 2014 Rules. He, therefore, has no right to be considered or appointed in a selection process conducted under the 2014 Rules.
dismissed.
(Madhuresh Prasad, J)
SUMIT/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 27.08.2023 |
| Transmission Date | NA |
2 issues framed by the court
Whether the petitioner qualifies as an outstanding sports person under the Bihar Outstanding Sports Persons Appointment Rules, 2014 to be appointed to a government post.
Whether the petitioner has represented the State continuously for three years in the sporting discipline of throw ball to satisfy the selection criteria.
1 provisions across 1 enactments
Rohit Kumar
The State of Bihar
The Principal Secretary, General Administration Department
The Principal Secretary, Art, Culture and Youth Department
The Director General of Sports
The Joint Secretary, General Administration Department
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
