CWP No.756 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.756 of 2008 (O&M) Decided on : 05.03.2009 Karambir ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAY TEWARI Present:- Mr. Akshay Bhan, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. AJAY TEWARI J. The petitioner has challenged the super cession by respondent No.5 for the purpose of being deputed to the intermediate course of B-1 quota under 10% sports quota. As per the petitioner, he and other private respondent No.5 were Netball players. In the year 2001, the petitioner and the respondent No.5 were members of the State Netball team and participated in the 19th National Senior Netball Championship Men and Women organized by the Maharashtra Netball Association. The said team won the first prize and the petitioner was also awarded for being the best player of the tournament. However, in the year 2004, the respondent No.5 was sent for the intermediate course while the petitioner was ignored. As regards the respondent No.6, the allegation is that he only won in the All India Police Games and, therefore, he could not be considered to be more outstanding sportsman. CWP No.756 of 2008 (O&M) -2- At the outset, it is not disputed that as per the gradation policy of State of Haryana the performance of the petitioner in the National Senior Netball Championship Games would be considered higher than the performance of the respondents No.5 and 6. However, as regards the respondent No.5, the stand taken is that the petitioner did not submit his certificates in the year 2004 and that is why he was not considered for intermediate course in B-1 list under 10% quota. It has further been mentioned that in the year 2007, respondent No.6 was considered to be more suitable because of the following three reasons:- a) “Constable Parveen Kumar obtained 2nd and 3rd position four times in All India Police Games whereas petitioner has only participated twice in the All India Police Games but could not attain any position. b) Ct. Parveen Kumar is of 25 years of age whereas petitioner is of 32 years of age as he is well past the optimum age of attaining excellence in sports. c) Ct. Parveen Kumar has got 08 Commendation Certificates and Rs.5650/- as reward whereas petitioner has got no such achievements to his credit.” In my opinion, the reasons now provided cannot stand the test of reason. It is to be noticed that nowhere in the rules it has been mentioned that outstanding sports person would be judged not on the basis of their performance but on the basis of their potential and nor indeed, it can be so, for the simple reason that performance is measurable while potential is unlimited. The argument that the petitioner had participated twice only for All India Police Games clearly overlooks his achievements in the National CWP No.756 of 2008 (O&M) -3- Senior Net-ball Championship. Even the fact that Constable Parveen Kumar has got eight Commendation Certificates would have no bearing on his claim as of being outstanding sportsman. However, it cannot be lost sight that as regards the respondent No.5, the case of the petitioner can be held to be barred by delay. No such ground is available to non suit the petitioner with regard to respondent No.6. Learned counsel for the respondents argued that even if the petitioner is considered to be more outstanding sportsperson then respondent No.6 yet in the peculiar circumstances of the case and in view of the fact that the reasons for preferring the respondent No.6 are not wholly extraneous, the ends of justice may be met by not quashing the action of deputing respondent No.6 but by granting to the petitioner, the relief of issuing a direction that he should be sent for the next course. I find that in the peculiar circumstances in this case, this is in fact the most equitable relief which can be granted within the parameters of the law. In the circumstances, this writ petition is allowed. The respondents No.1 to 4 are directed to send the petitioner for the Intermediate course under the B-1 category. March 05, 2009 ( AJAY TEWARI ) ashish JUDGE