The High Court of Jharkhand dismissed a petition of a Civil Judge (Junior Division) exam aspirant who sought a writ of mandamus to direct The Chairman, Jharkhand Public Service Commission to allocate a horizontal quota in the sports category for him in the examination conducted for Civil Judge (Junior Division) as per Advertisement No. 12/2018 dated 24.12.2018.
Brief Facts of the Case:
On 24.12.2018, the Jharkhand Public Service Commission (JPSC) issued an advertisement for the notice of the judicial examination. The petitioner applied under the 'Unreserved' category and also claimed reservation based on the Sports Quota.
On 27.05.2019, the Preliminary Test was conducted, and the petitioner qualified. He also participated in the Main written examination, and interviews were held between 16.12.2019 to 20.01.2020.
On 11.02.2020, the final results were published, but the petitioner's name was not on the list. Meeting the criteria of participation in the 56th National School Games and winning the Soft Ball competition, the petitioner faced an issue arising from the non-recognition and affiliation of the School Games Federation of India with the Indian Olympic Association. Dissatisfied with the JPSC's decision not to treat him as a successful candidate in the Unreserved category with horizontal reservation under the Sports Quota, the petitioner initiated the present writ petition.
Contentions of the Parties:
The petitioner asserted provisional selection for an interview through horizontal reservation but was considered unsuccessful due to the absence of a valid sports certificate. JPSC argued that the presented certificate lacked affiliation with the Indian Olympic Association, deeming it invalid for reservation benefits. The dispute centered around whether sports quota reservation should exclusively apply to local residents of Jharkhand. The Indian Olympic Association clarified that the School Games Federation of India ceased to be a recognized member after July 2011.
Observations of the Court:
The High Court discussed the issue at hand: whether the petitioner is entitled to horizontal reservation in the Sports Quota or not.
The Court referred to the decision in the case of ‘Shilpa Dalmia vs. Jharkhand Public Service Commission & Ors’ (WP(S) No. 1954 of 2020). The petitioner's claim for reservation in this case was under the Sports Quota, based on certificates issued by the School Games Federation of India, but it was denied because the sports certificate was not produced as per the advertisement. A subsequent S.L.P was also dismissed by the Supreme Court on 23.02.2022 in the same matter.
The High Court noted that the judgment passed in the Shilpa Dalmia Case (Supra note 1), challenged before the Supreme Court, was not interfered with, indicating that the essential qualifications for appointment to a post are at the discretion of the employer. Referring to the decision in the case of Maharashtra Public Service Commission through its Secretary vs. Sandeep Shriram Warade and Ors. ((2019) 6 SCC 362), the Court noted that the essential qualifications for appointment are for the employer to decide, and the Court cannot intervene unless there is an ambiguity or a contradiction with rules or laws.
In light of these considerations, the Court declined to grant relief to the petitioner.
Decision of the Court:
After considering the petitioner's demand for horizontal reservation in the sports quota and referencing Shilpa Dalmia Case (supra note 1), the High Court dismissed the writ petition. The decision emphasised the employers discretion in defining qualifications and reaffirmed the Courts limited role in such matters. The petitioner's case was without merits in accordance with precedent, and the petition was thus dismissed without costs.
Case Title: Mayank Singh Thakur vs. The State of Jharkhand and Ors.
Coram: Hon'ble Mr. Chief Justice Sanjaya Kumar Mishra and Hon'ble Mr. Justice Rongon Mukhopadhyay
Case no.: W.P.(S) No. 1492 of 2020
Advocate for the Petitioner: Ms. Shivani Kapoor, Advocate
Advocates for the Respondents: for the State: Mr. Harsh Preet Singh; for the JPSC: Mr. Sanjoy Piprawall, Advocate, Mr. Rakesh Ranjan, Advocate, and Mr. Prince Kumar, Advocate; for the JHC: Mr. Sudarshan Srivastava, Advocate; for the IOA: Ms. Sidhi Jalan, Advocate
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