1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10 OF 2009 Kalpana Bhagwat Shirsat .. Petitioner Versus The State of Mah. & ors. .. Respondents Mr S.S. Jadhavar, Advocate for the petitioner; Mr K.G. Patil, AGP for respondent no.1; Mr A.R. Nikam, Advocate for respondent no.2; Mr U.B. Bondar, Advocate for respondent no.3. CORAM : P. V. HARDAS AND R. K. DESHPANDE, JJ. DATE : 11th June, 2009 PER COURT : 1. This petition under Article 226 of the Constitution of India, filed by the petitioner, prays for issuance of a writ of mandamus directing the respondents to consider the claim of the petitioner from the sports category i.e reservation which is provided for the sport sportsmen for the selection process of Shikshan Sevak, which was scheduled from 10.12.2008 to 15.12.2008. 2. An advertisement came to be issued by the respondents inviting 2 applications for the post of Shikshan Sevak. As per the advertisement reservation of 5% is provided for sports persons. The advertisement splits the category of sports persons on National level, State level and Divisional level. The petitioner vying for appointment as a Shikshan Sevak submitted her application from the category of sports person relying upon the certificates issued to the petitioner. The said certificates are annexed to the petition. The first certificate deals with a certificate of merit issued by the Director and Head of the Physical Education and Sports, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. It is in respect of the participation of the petitioner in an event of Wrestling (Women) in the Central Zone during the year 2007-2006. The second certificate is in respect of the participation of the event of Wrestling – Women in the Inter-University Tournaments. In the said certificate beneath the Wrestling – Women “All India” is bracketted. The said event is said to have been conducted some time in the year 2007-2008. The said certificate also appears to have been signed by the Director, Physical Education & Sports, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. Initially the petitioner was placed in the category of sports person and was accordingly allotted marks which are contemplated as per the advertisement. Thereafter the petitioner was removed from the category of sports person. According to the petitioner the petitioner had scored good marks and, therefore, was aspiring to be appointed as a Shikshan Sevak from the category of sports person. 3. On notice being issued to the respondents, respondents have filed their 3 affidavit in reply. In the affidavit in reply it is urged that the certificates which have been issued to the petitioner are in respect of inter-University tournament and the certificates have not been issued by the authorities which are competent to issue certificate in respect of National, State or Divisional level. A reliance is placed on the resolution of the Government dated 30 th April, 2005. 4. According to us, apart from the resolution which is adverted to on behalf of the respondents, the advertisement clearly speaks about participation in sports events on a National level, State level or District level. Unless and until the petitioner is in a position to point out to us on the basis of the unimpeachable material that the inter-University tournament is equated with either of the National level, State level or the Divisional level, the petitioner cannot succeed in the present petition. In the absence of adequate material, therefore, according to us no case for interference is made out on behalf of the petitioner and the petition is, therefore, summarily dismissed with no order as to costs. [ R. K. DESHPANDE, J.] [ P. V. HARDAS, J.] amj/wp10.09