Dismissed

Chetram Gurjar Son of Shri Khyaliram Gurjar v. State of Rajasthan, Department of Home, through Its Secretary

Rajasthan HC21 Jul 2022CW/20574/2018

Case brief

AI extract

What is this about?

This court dismissed a writ petition where the petitioner sought appointment as a Police Constable under the sports quota. The court held that no case for interference exists as the petitioner lacks a requisite sports certificate adhering to the advertised terms and conditions.

What did the court decide?

The writ petition was dismissed; the petitioner was not granted appointment or any other relief.

Chetram Gurjar Son of Shri Khyaliram Gurjar… — Public Procurement and Tenders | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 20574/2018

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Chetram Gurjar Son Of Shri Khyaliram Gurjar, Aged About 21 Years, By Caste Gurjar Resident Of Anatpura, Tehsil Bansoor, District Alwar (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Department Of Home, Through Its Secretary, Govt. Secretariat, Jaipur (Raj.)

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Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.)

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Inspector General Of Police (Recruitment), Police Head Quarter, Lalkothi, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Ms. Sudesh Kasana For Respondent(s) : Mr. Anil Mehta, AAG

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HON'BLE MR. JUSTICE INDERJEET SINGH Order

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21/07/2022

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Instant writ petition has been filed by the petitioner with the

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following prayers:-

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“It is, therefore, most respectfully prayed that your Lordship may graciously be pleased to accept and allow this Writ petition and further be pleased to-

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(I) Issue a writ order or direction in the nature thereof thereby respondents may kindly be direct to invite the petitioner for sports Trial of sports person and further selection process and consequently given appointment to petitioner on the post of Police Constable under Police Recruitment Examination2018 under sports quota in the larger interest of justice.

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(ii) Issue any other writ order or direction, which this Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioner.

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(2 of 3)

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[CW-20574/2018]

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(iii) Cost of the writ petition be also awarded in favour of petitioner.

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Brief facts of the case are that in pursuance to the advertisement dated 25.05.2018, the petitioner applied for the post of Constable under the sports category.

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The grievance of the petitioner is that the respondents have not selected the petitioner, despite having the sports certificate in his favour.

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Mr. Anil Mehta, learned Additional Advocate General appearing on behalf of the respondents submits that the sports certificate of the petitioner is not valid as per the terms and conditions of the advertisement and in this regard made reference of their reply, para Nos.2 & 3, thereof reads as under:-

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"2.That the averments made in Para no. 2 of the writ petition are denied. It is submitted that the vide notification dated 31.08.2018 clarified that the maximum of 235 posts are available for the players applying in the sports quota. The notification dated 31.08.2018 is filed herewith and marked as Annexure-R/1. It is pertinent to mention here that reservation of vacancies for outstanding sports person shall be maximum of 2% which is distributed district/ battalion wise, thus the maximum of 235 posts are available for reservation of outstanding sports persons.

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That the averments made in Para no. 3 of the writ petition is denied. It is stated that the sports certificates which was submitted by the petitioners are as follows-

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(I) Petitioner stood second place in wrestling 57kg, organized by Rural Sports Federation of India, 1^st Rajasthan State Rural games, 2017-18. (ii) Petitioner stood second place in wrestling 57 kg, organized by Rural Sports Federation of India, 1^st Rural Sports National Games-2017.

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It is pertinent to mention here that the Sports Certificates submitted by the petitioner is against the note (1) of

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(3 of 3)

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[CW-20574/2018]

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clause A, Annexure A of the Standing order No. 12/2018,moreover these certificates were not affiliated with the affiliated with the International Olympic Committee, Indian Olympic Association, Olympic Council of Asia, Commonwealth Games Federation, Concerned Asian Sports Federation/World Sports Federation, Concerned National Sports Federation recognized by Indian Olympic Association, Association of Indian University and ISF. It is pertinent to mention here that the sports certificate ought to be affiliated with the above mentioned organizations, thus the petitioner do not fall in the category of the outstanding sports person as the certificate submitted by the petitioner does not fall in any of the above recognized category.”

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Heard counsel for the parties and perused the record.

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This writ petition filed by the petitioner deserves to be dismissed; for the reasons, firstly, the petitioner is not having the requisite sports certificate, as required under the advertisement, secondly, in view of the reply of para No.3, wherein it has been specifically stated that the certificate of the petitioner is not affiliated with the International Olympic Committee, Indian Olympic Association, Olympic Council of Asia, Commonwealth Games Federation, Concerned Asian Sports Federation/World Sports Federation, Concerned National Sports Federation recognized by Indian Olympic Association, Association of Indian University and ISF, in my considered view, no case is made out for interference by this Court under Article 226 of the Constitution of India.

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Hence, the present writ petition stands dismissed.

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(INDERJEET SINGH),J

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Upendra/207

Chetram Gurjar Son of Shri Khyaliram Gurjar v. State of Rajasthan, Department of Home, through Its Secretary

Case brief

What is this about?

What did the court decide?

Chetram Gurjar Son of Shri Khyaliram Gurjar v. State of Rajasthan, Department of Home, through Its Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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