CIVIL WRIT PETITION NO. 9661 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 15, 2008 Parties Name Constable Pradeep Kumar ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. Avnish Mittal, Advocate, for the petitioner. Mr. Harish Rathee, Sr. D.A.G., Haryana; JASBIR SINGH, J. (oral) Order. By filing this writ petition, petitioner has laid challenge to the notice dated March 9, 2007 (P-9), vide which he was asked to show cause as to why punishment of dismissal from service be not imposed upon him. It was charge against him that at the time of entry in service as a Constable, against post reserved for distinguished sportsmen, he was not having requisite sports certificate. On July 5, 2007, when notice of motion was issued, following contention of counsel for the petitioner was noticed by this Court: “Learned counsel for the petitioner contends that the petitioner had secured Ist position in the Pre-Nehru Haryana State Inter School Hockey Tournament Shahbad held from 13.8.1995 to 15.9.1995 and was also the member of Hockey Team Under -17 CIVIL WRIT PETITION NO. 9661 OF 2007 -2- and had participated and come 2nd in the event of State Schools Tournament held at Karnal from 20.11.1995 to 23.11.1995. Learned counsel submits that none of the prosecution witnesses has deposed that certificates issued to the petitioner were forged or fabricated. It is further submitted that on the basis of the aforementioned certificates, the petitioner was rightly appointed as a Constable in the Sports Quota.” Upon notice, reply has been filed, wherein it has been pleaded that against the punishment imposed, he can file an appeal and further it has been said that as the petitioner was not having requisite sports certificate, his selection against the post reserved for distinguished sports person was wrong and as such he was liable to be dismissed from service. Counsel for the parties heard. Counsel for the petitioner has brought to our notice that under similar circumstances, many Constables, who were selected against reserved post meant for distinguished sports persons, were dismissed and in their appeals, on getting clarification from Director, Sports, Haryana, they were ordered to be reinstated. It has further been brought to our notice that many similarly situated Constables filed various civil writ petitions in this Court and while disposing of C.W.P. No. 4980 of 2007 (Manoj Kumar v. State of Haryana and others) , on February 6, 2008, a Division Bench of this Court set aside the dismissal order, passed against similarly situated candidates. Shri Rathee has failed to show anything to us to the contrary. It is also apparent from the records that the petitioner had participated in Pre-Nehru Haryana State School Hockey Tournament, Shahabad (Kurukshetra) held from September 13, 1995, to September 18, 1995 and his team won the Ist CIVIL WRIT PETITION NO. 9661 OF 2007 -3- position. He has also participated in the event of State Schools Tournament held at Karnal from November 20, 1995, to November 23, 1995 and his team had secured IInd position in that event. It is further apparent from the records that Youth and Sports Officer in the office of Commissioner and Director, School Education, Haryana, has certified that above said games were State sports Tournaments and participants in above mentioned tournaments were eligible to further participate in National School games. It is also brought to our notice that in clarification, issued by the Director, Sports, Haryana, it was specifically stated that Haryana State School Tournaments are equal to State level tournaments. In view of facts, mentioned above, we allow this writ petition and quash show cause notice Annexure P-9. ( Jasbir Singh ) Judge ( K. C. Puri ) May 15, 2008. Judge DKC