IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 6770 of 2007 Date of Decision: 2.2.2009. Darjinder Kaur ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. M.L. Sachdeva, Advocate for the petitioner. Ms. Charu Tuli, Sr. D.A.G., Punjab. *** PERMOD KOHLI.J (ORAL) Vide advertisement published in 'The Tribune' in its issue dated 25.11.2006, applications were invited for the post of E.T.T. Teachers for various districts in the pay scale of Rs. 4550-7220/-. Besides the educational qualifications, it was also provided that reservation will be available as per the Govt. policy. Besides constitutionally permitted reserved categories of Scheduled Castes and Scheduled Tribes, reservation was also made for sports person. The petitioner claims that she remained a sports persons. She played Hockey and participated in Punjab School Games, 1993-94, 1994-95 and was awarded certificate of participation and graded as 'C' School Certificate. A copy of the such certificate issued by the Director of Sports, Punjab dated 17.7.1995 is placed on record as Annexure P-8. On the basis of her qualifications and other eligibilities, petitioner applied in response to the aforesaid advertisement under sports category. She was interviewed and selected and consequently appointed in Govt. Primary School, Binaheri, Block Nabha, Distt. Patiala. CWP No. 6770 of 2007 -2- The grievance of the petitioner is that despite her selection and appointment, she was not permitted to join on the ground that she passed 'C' Grade Certificate in sports and is not eligible under the State Govt.'s policy providing reservation for sports persons. Having been denied the benefit of the appointment, the petitioner has filed this petition seeking a direction in the nature of Mandamus to issue a formal appointment letter for the post of Elementary Trained Teacher (E.T.T.) in sports category and be permitted to join. In the disclaimer filed, respondents have explained the ineligibility of the petitioner. According to the respondents, the sports policy was notified by the State of Punjab vide letter No. 47/26/83-5 Edu/2036 dated 10.12.1997 by the Govt. of Punjab, Deptt. Of Sports and Youth Services laying down the criteria for grant of sports gradation certificate for entitlement to concession and a preferential treatment in the service of the State. It may be useful to notice the gradation specified in the aforesaid notification, which are reproduced as under:- GRADE-A Sportsmen/women of international standing i.e. Those who have represented India in the following international tournaments/meets/competitions/championships conducted by recognized International Federation/Committees:- 1. Olympic Games 2. World Cup 3. Asian Games 4. Commonwealth Games 5. Davis Cup 6. Test/One Day Cricket Matches. CWP No. 6770 of 2007 -3- GRADE-B Sportsmen/Women who have participated and achieved positions in the following tournaments/meets/Competitions/Championship Gradation will be done for 1st, 2nd and 3rd position. Participation will be graded from (1) to (V) categories mentioned below:- (i) International Tournament for Senior and Junior organized by International Federation of that discipline and where at least 10 countries have participated other than those mentioned against Grade-A. (ii) All India combined Universities teams which participated in the Senior National/World University Championship/International competitions. (iii) National Games organized by Indian Olympic Associations. (iv) Senior and Junior National Championship organized by recognized National Federation of that games under the banner of Indian Olympic Association where at least 15 States have participated. (v) National Championship for women organized by Sports Authority of India. (vi) Position Holder of All India Inter University Tournaments where at least 15 Universities have participated. Participated in these competitions will not be graded. (vii) Position Holder of Punjab School teams/Kendriya Vidalya Schools and Novodhya Sangathan Schools teams participated in school National Championship. Participation in these competitions will not be graded. (viii) Position Holder of All India Rural meet under take sixteen by SAI, participation will not be graded. CWP No. 6770 of 2007 -4- GRADE-C Sportsmen/women who have achieved 1st, 2nd and 3rd position in the following tournaments/Championship/Meets will only be graded:- (i) Position holder of Punjab State Championship for Senior and Junior organized by Punjab Sports Department/Punjab Olympic Associations. (ii) Position holder of Inter District State Championships organized for Senior and Juniors under banner of Punjab Olympic Association/Punjab Sports Department/State Sports Associations. (iii) Position holder of State School Games organized by Education/Sports Department. GRADE-D Sportsmen/Women who have achieved 1st, 2nd and 3rd position in the following tournaments/Championships/meets will only be graded:- (i) Position holder of Inter College Tournaments. (ii) Position holder of District Tournaments. (iii) Position holder of Inter School Tournaments. Performance of following sports disciplines only will be considered for the purpose of Sports Gradation:- 1. Athletics 2. Badminton 3. Basketball 4. Cricket 5. Cycling 6. Gymnastics (Artistic Only) 7. Foot Ball 8. Hockey 9. Hand Ball 10. Judo 11. Kabaddi (National Style). 12. Kho-Kho 13. Lawn Tennis 14. Boxing CWP No. 6770 of 2007 -5- 15. Wrestling 16. Swimming 17. Table Tennis 18. Volley Ball. 19. Weight Lifting 20. Shooting 21. Archery 22. Equestrian. 23. Fencing. Para 16 deals with the enforcement of the notification and reads as under:- “This order will come into force w.e.f. 1.1.1998 whereby all earlier order would stand superceded.” Petitioner participated in the events in the year 1993-94, 1994- 95 and was issued the certificate in the year 1995 as 'C' Grade. The certificate placed on record as Annexure P-8 clearly demonstrates that the petitioner was the participant in the team event for District Sangrur in Punjab School Games. This certificate was admittedly issued before the aforementioned policy was notified. Under the new notification the preference is to be given on the basis of the certificates under various grades specified therein. The first preference is for Sportsmen/Women under Grade 'A', second preference to Grade 'B' and third preference to Grade 'C'. Petitioner does not fall under Grade 'A' and Grade 'B'. Even she is not eligible under Grade 'C'. Participation in the event alone is not sufficient to earn a certificate under Grade 'C' under the new Sports Policy. It is only the position holder with 1st, 2nd or 3rd position who are entitled to be granted Grade 'C' certificate under category Grade 'C' in the events specified therein. Though, the event to which the petitioner participated i.e. State School Games is one of the specified events under Grade 'C' but the team, the petitioner was a part of did not secure any position in the said event. CWP No. 6770 of 2007 -6- Learned counsel appearing for the petitioner has vehemently argued that the petitioner's certificate having been issued prior to the new policy she is eligible notwithstanding the fact that she is rendered ineligible under the new Sports Policy. According to learned counsel the notification cannot be applied retrospectively to render the petitioner ineligible when she was eligible under the old sports policy. The aforesaid contention of the petitioner is totally misplaced. The benefit of reservation for sports persons is permissible under the State's policy and the policy which was in vogue at the time of issuance of advertisement has to apply. It is admitted case of the parties that Annexure P-12 the policy dated 10.12.1997 was made applicable and effective w.e.f. 1.1.1998 for the purpose of grant of benefit under the sports category. The petitioner's certificate, though, has Grade 'C' under the old policy does not confirm to the Grade 'C' under the new policy. As a matter of fact, under the new policy the participation in the events specified under Grade 'A' and 'B' alone makes sports persons eligible, whereas under Grade 'C' and 'D' participation simplicitor has no relevance and it is only the position holders that too for 1st, 2nd and 3rd position in the event enumerated therein, which are relevant for the purpose of benefit under the new policy. Admittedly, petitioner has not participated in any of the events specified under Grade 'A' and Grade 'B' and is not a position holder in the events specified under Grade 'C'. Thus, the certificate possessed by the petitioner cannot confer any right upon the petitioner to seek the benefit for sports category under the reservation policy for sports persons applicable at the time of issuance of advertisement. The issue is no more resintegra. CWP No. 6770 of 2007 -7- In Y.V. Rangaiah and others Vs. J.Sreenivasa Rao and others (1983) 3 SCC 284 the Hon'ble Supreme Court observed as under:- “ Having heard the counsel for the parties, we find no force in either of the two contentions. Under the old rules a panel had to be prepared every year in September. Accordingly, a panel should have been prepared in the year 1976 and transfer or promotion to the post of Sub- Registrar Grade II should have been made out of that panel. In that event the petitioners in the two representation petitions who ranked higher than respondents 3 to 15 would not have been deprived of their right of being considered for promotion. The vacancies which occurred prior to the amended rules would be governed by the old rules and not by the amended rules. It is admitted by counsel for both the parties that henceforth promotion to the post of Sub-Registrar Grade II will be according to the new rules on the zonal basis and not on the State-wide basis and, therefore, there was no question of challenging the new rules. But the question is of filling the vacancies that occurred prior to the amended rules. We have not the slightest doubt that the posts which fell vacant prior to the amended rules would be governed by the old rules and not by the new rules. For the reasons given above, we find no force in the contentions raised on behalf of the appellants. Both the sets of appeals, therefore, must fail. They are accordingly dismissed. There is, however, no order as to costs.” Natural corollary of above ratio is vacancies available at the time of advertisement are governed by the rules in vogue at that relevant time. CWP No. 6770 of 2007 -8- In view of the above circumstances, the petitioner was not entitled to be considered under the category of sports persons under the reservation policy for sports persons at the time of issuance of advertisement and she has been rightly declined the benefit thereof. No merit, petition dismissed. (PERMOD KOHLI) JUDGE 2.2.2009 lucky