CWP(T) No. 13319/2008 13.11.2009 Present: Mr. Javed Khan, Advocate for the petitioner. Mr. R.K. Sharma, Senior additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General for the respondents. In the State of Himachal Pradesh, 918 posts of Constables i.e. 701 posts of newly created 3rd India Reserve Battalion and 217 posts in 1st India Reserve Battalion were to be filled up. On the basis of the reservation policy, 3% vacancies were reserved for the distinguished sportsperson by way of horizontal reservation and accordingly 28 posts were reserved for the sportsmen. The petitioner submitted application for appointment to the post of constable in the sportsman category. One post was reserved in District Bilaspur. He qualified the examination along with two other candidates, nammely, Rakesh Kumar and Sandeep Kumar. Sh. Rakesh Kumar secured 68.7 marks and Sandeep Kumar secured 57.2 marks. The petitioner has only secured 51 marks. Consequently, he was not found suitable on the basis of merit. Accordingly, there is no merit in the petition and the same is dismissed. No costs. (R.B. Misra), Acting Chief Justice (Rajiv Sharma), Judge November 13, 2009. *awasthi*