CWP No.10256/2007. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.10256/2007. Date of Decision: 27.2.2008 Rajesh Kumar ............. Petitioner Versus Haryana Staff Selection Commission and others. ..............Respondents. CORAM:HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE JASWANT SINGH Present:- Sh. RP Singh,Advocate for the petitoner. Sh.Mahabir Singh Sindhu,DAG Haryana for respondents. . ***** JASBIR SINGH, J.(ORAL) By filing this writ petition, the petitioner has laid challenge to the selection of various candidates against the post of Shift Attendant. His specific challenge is to the candidates selected against 'Outstanding Sports Persons' [ (OSP) B.C.-A] category. In response to notice issued by this Court, reply has been filed. The relevant extracts of the reply read thus:- “In this connection it is respectfully submitted that the respondent-Commission vide advertisement 8/2006 category No.6 advertised 201 posts of Shift Attendants for Uttar Haryana and Dakshin Haryana Bijli Vitran Nigam. It is further submitted that the petitioner applied for the aforesaid posts in Out Standing Sports Person without possessing the Sports Gradation Certificate on the cut of (sic. off) date i.e. 1.1.2007. The petitioner even did not produce the aforesaid certificate at the time of interview and prior to declaration of the result. After the declaration of the result when the petitioner could not find place in the selection list in BCA category and he came to know about the vacant post of OSP (BCA) category, he represented the Commission and CWP No.10256/2007. 2 submitted the Sports Gradation Certificate which was issued on 23.3.2007 by the Sports Department Haryana i.e. after the cut of (sic. off) date. Therefore, under these circumstances the request of the petitioner to change his category from BCA to OSP (BCA) was turned down by the respondent-Commission and accordingly he was informed vide letter dated 8.6.2007 (Annexure P-9). It is further submitted that the petitioner obtained 42.57 marks in BCA category as against 47.81 marks of the last selected candidate under this category and therefore due to lesser marks he could not fine (sic. find) place in the selection list.” We have seen the record of this case, including the original application submitted by the petitioner. He has claimed benefit in both the categories i.e. BCA and OSP. He has not appended any sports gradation certificate with his application, to show that he was an Outstanding Sports Person. To say that the petitioner was a distinguished sports person, reliance has been placed upon certificate (P-3), which pertains to the year 1993. Vide that certificate the petitioner had participated, as a Yoga team member, in Haryana State Schools Tournament. Thereafter, there is nothing on record to show that he continued to participate in above said sport. Further,there is nothing on record to show that for getting benefit under the sports category, 'Yoga' is included in the category of sports, on the basis of which one can claim any benefit. In view of the facts mentioned above, no case for interference is made out. Dismissed. (Jasbir Singh) Judge 27.2.2008 (Jaswant Singh) joshi Judge CWP No.10256/2007. 3