CWP No.5337 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5337 of 2010 (O&M) Date of Decision: 05.04.2010 **** Gurpreet Pal Singh . . . . Petitioner VS. State of Punjab and Others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. D.S. Sandhu, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). The petitioner applied for appointment to the post of Assistant District Attorney on contractual basis pursuant to the advertisement dated 17.10.2009 (Annexure P1). One of the posts was reserved for Scheduled Caste (Sportsman) and the petitioner is said to be the only candidate belonging to that reserved category. It may be noticed here that with a view to claim eligibility for the said reserved post, the petitioner relied upon a Sports Gradation Certificate dated 4th July, 1994 (Annexure P4) based upon his participation in the Basketball game conducted by the Directorate of Sports at school’s level. The petitioner CWP No.5337 of 2010.doc - 2 – was graded ‘C’ by the Directorate of Sports on account of his participation in the Punjab School Games held in Kapurthala District. (2). The Chairman of the District Selection Committee, Patiala, however, vide the impugned order, a copy whereof has been obtained by the petitioner under the Right to Information Act did not find the petitioner eligible for the reason, which reads as follows:- “(V) Patiala Deputy Commissioner-cum-Chairman, District Selection Committee, Patiala vide his letter No.1203/EC-4 dated 10.12.09 has for the post of SC (Sportsman category) has recommended as per follows: “For the post of Scheduled Caste (Sports) Gurpreet Pal Singh son of Shri Bakhshish Singh, resident of Kothi No.33, Germany Dass Park, Kapurthala’s name is recommended subject to the condition that the objection raised by District Sports Officer is fulfilled.” Rule 2(d)(a) of Notification dated 01.02.1988 issued by the Punjab Govt. Department of Personnel & Administrative Affairs (Personnel Policy-I Branch) for recruitment of Sportsman is as under: (d) “Sportsman” means a person of either sex who fulfills the following conditions, namely: (a) In the case of recruitment to a reserved vacancy in Class I or Class II posts: (i) that he belongs to the State of Punjab; and (ii) that he has won National championship in team or individual CWP No.5337 of 2010.doc - 3 – events while representing the State of Punjab in such sports event as have been conducted by such respective national federations as are affiliated to the Indian Olympic Association; OR (i) that he has won national championship in team or individual events which are organized by the Indian Olympic Association; (ii) that he has won first, second or third position in team or individual events and or he has won Gold or Silver or Bronze Medals at international sports meets, conducted by international Federations affiliated to the International Olympic Committee or by the International Olympic Committee itself. The candidate has produced the certificate which is of school representation and does not fall under the above said rules. As such agreeing with the objection raised by District Sports Officer, Patiala, the appointment of the candidate for the post under Scheduled Caste (sports) is not recommended. (3). The petitioner impugns the afore-stated decision on the plea that respondent No.4 had appended a set of instructions along with the advertisement with regard to eligibility of the Sportsman, the relevant part whereof, reads as under:- “(E) The candidates who have sought reservation under sports quota will have to produce at the time of interview, a certificate which shows that he has participated in the sports CWP No.5337 of 2010.doc - 4 – event organized by State Level Federation affiliated with Punjab Olympic Association and has participated in one discipline in State Championship in Individual or team event and has achieved 1st 2nd or 3rd position. In case of famous non Olympic discipline like Cricket and Tennis, he should have achieved first three positions in an event held in collaboration with National Federations affiliated State Level Association. Sports quota category candidates should possess sports gradation certificate duly issued by Director, Sports, Punjab. For the posts falling under Category ‘C’, sports grading certificate of A, B and C are recognized.” (Emphasis applied) (4). Relying upon the afore-stated instructions, it is urged that since the petitioner has been issued Grade ‘C’ Certificate by the Directorate of Sports, Punjab, he ought to have been treated eligible for the subject post. (5). During the course of hearing, it is not disputed that the post of Assistant District Attorney is not a category ‘C’ post. That being so, the instructions relied upon by the petitioner are not applicable. Contrary to it, the respondents are well within their right to insist for better Gradation Certificate as the post is essentially meant for a Sportsperson. The participation by the petitioner in the basketball game at the District level, is not an event sufficient to categorise him a ‘sportsman’. CWP No.5337 of 2010.doc - 5 – (6). No interference with the impugned order is, therefore, called for by this Court in exercise of its writ jurisdiction. (7). Dismissed. (SURYA KANT) JUDGE 05.04.2010 vishal shonkar