Dismissed

Deu Ram v. Rajasthan Subordinate and Ministerial Staff Service Sel. Board

Rajasthan HC27 Oct 2021SAW/226/2021

Case brief

AI extract

What is this about?

Appellant challenged rejection of reservation claim under Outstanding Sportsperson category for Livestock Assistant post. Bench affirmed Single Judge finding that sport unrecognized and certificates failed to meet qualifying criteria.

What did the court decide?

Appeal dismissed for failure to establish eligibility for Outstanding Sportsperson reservation.

Deu Ram Vs Rajasthan Subordinate and Ministerial… — Service and Employment | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 226/2021

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Deu Ram S/o Ganpat Ram, Aged About 23 Years, Village Deva, Tehsil And District Jaisalmer Rajasthan.

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----Appellant

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Versus

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Rajasthan Subordinate And Ministerial Staff Service Sel. Board, Campus Of Agriculture Management Institutional, Durgapura, Jaipur Through Its Secretary.

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Director, Animal Husbandry And Veterinary, State Of Rajasthan, Jaipur

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----Respondents

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For Appellant(s) : Mr. Girish Sankhala For Respondent(s) : Mr. Shobha Prabhakar for Mr. Vinit Sanadhya.

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment

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27/10/2021

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The instant intra-court appeal is filed against the judgment dated 12.02.2021 whereby the writ petition preferred by the petitioner assailing the action of the respondent, Rajasthan Subordinate and Ministerial Staff Service Selection Board rejecting the claim of the petitioner under the Outstanding Sportsperson category was affirmed.

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The petitioner applied for the post of Livestock Assistant pursuant to recruitment notification dated 14.03.2018 under the Outstanding Sportsperson category. He claims to be having certificates in the sport ‘Choi Kwang Do’ and on the strength thereof it was asserted that the petitioner having secured more

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(2 of 3)

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[SAW-226/2021]

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than cut off marks in the category of Outstanding Sportsperson was entitled to be considered for selection against the post.

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The respondents controverted the claim of the petitioner asserting that the certificates possessed by the petitioner did not qualify for reservation.

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The learned Single Judge considered the arguments advanced at Bar and dealt with each certificate placed on record by the petitioner and observed in para 14 of the impugned judgment as under:-

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“14. It will be apt to deal with each certificate one by one to examine petitioner’s claim.

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(a) Certificate placed at Annex.6 :- It relates to Second Rajasthan State Choi Kwang Do Championship, 201718, and since it is a certificate of championship at State Level and not at National Level tournament, petitioner cannot take benefit of the certificate.

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(b) Certificate placed at Annex.7 :- It has been issued by Choi Kwang Do Federation of India (CFI). However, it is only a certificate evincing that petitioner possesses ‘white senior belt’ which is a grading or level of expertise and not a rank won in a tournament and the same cannot be considered to be a medal won at National Level or at State Level.

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(c) Certificate placed at Annex.8 :- The petitioner cannot claim reservation on the basis of this certificate either. Annex.8 relates to 14th National Level Choi Kwang Do Championship, 2017-18, held between 27th to 29th December, 2017 in which the petitioner has won a silver medal. But this certificate shows that the championship has been held under the aegis of “Choi Kwang Do Association of UP”, which is said to have been recognized with the School Games Federation of India. Now, since this certificate relates to championship held by Choi Kwang Do Association of UP and not by SGFI, the petitioner cannot take any advantage of it.”

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In addition thereto, the Court also found that the sport ‘Choi Kwang Do’ is not a game recognized by the Indian Olympic Association or any recognized National Sports Federation.

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(3 of 3)

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[SAW-226/2021]

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Having considered the arguments advanced at Bar and after going through the material placed on record, we are in conformity with the view expressed by the learned Single Judge in the impugned judgment that none of the certificates possessed by the petitioner qualified for grant of reservation under the Outstanding Sportsperson category.

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Thus, the instant appeal fails and is dismissed as being

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devoid of merit.

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(SANDEEP MEHTA),J

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(AKIL KURESHI),CJ

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52-a.asopa/-

Deu Ram v. Rajasthan Subordinate and Ministerial Staff Service Sel. Board

Case brief

What is this about?

What did the court decide?

Deu Ram v. Rajasthan Subordinate and Ministerial Staff Service Sel. Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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