Mohini Ritika Toppo, aged about 28 years, daughter of
William Marcel Toppo, resident of Lalpur Peace Road, By
Lane, Near Raj Store, P.O. & P.S. Lalpur, District Ranchi
(Jharkhand). ..... Petitioner
1. The State of Jharkhand through Principal
Secretary, Department of Administrative and Personnel,
Rajbhasha, having its office at Project Bhawan, Dhurwa,
P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.
2. Jharkhand Public Service Commission through its
Chairman, having its office at Circular Road, Deputy
Para, Ahirtoli, P.O. G.P.O., P.S. Kotwali, District Ranchi.
3. Controller of Examination, Jharkhand Public
Service Commission, having its office at Circular Road,
Deputy Para, Ahirtoli, P.O. G.P.O., P.S. Kotwali, District
Ranchi.
4. Secretary, Department of Arts, Culture, Sports &
Youth Affairs, Ranchi. ..... Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner : M/s. Indrajit Sinha,
Arpan Mishra, Advocates
For the Resp.-State : Ms. Pinky Tiwary, A.C. to A.G
For the Resp-JPSC : Ms. Sanjoy Piprawall, Prince
Kumar, Rakesh Ranjan,
Jay Prakash, Advocates
2. In the writ petition, the petitioner has prayed for the
3. The brief facts of the case as it appears from the
("JPSC") published an Advertisement bearing No. 23 of
2016 for the Combined Civil Services Examination. The
within the State of Jharkhand. Clause 7(Gha) provides for
horizontal reservation under the sports quota.
Belt, Below Black Belt Individual Weight category. The
the Certificate annexed by the petitioner.
25.10.2016. The petitioner fulfilled the eligibility criteria
4. The petitioner applied on 25.10.2016 and the
petition. The Registration number of the petitioner was
was claiming reservation under the Sports quota. Further
on 18.12.2016. In the Admit Card it was mentioned that
the petitioner was claiming Sports reservation.
category. The JPSC has issued Admit Card to the petitioner
February, 2019. The result of the Mains Examination was
the reserved (Scheduled Tribe) category. Thereafter, the
JPSC has issued Interview e-Call Letter to the petitioner.
5. On perusal of the cut-off marks it transpires that
no cut-off marks were given for the Sports quota. JPSC
which is total 501 marks out of 1150 marks. In the remark
led to the filing of the present writ petition.
6. The JPSC had filed their Counter Affidavit on
"6. The State of Jharkhand vide Circular No.1709 dated
12.09.2007, fixed criteria for giving benefit of reservation
under sports quota in the services of State to the sports
person.
2025:JHHC:20931
9. Candidates who were willing to claim benefits of
reservation under sports quota, they were required to
submit the sports certificate in terms of Notification of the
State Government, as per clause 7(Gha) (i) of the
advertisement.
12. Petitioner submitted her online application form for
consideration of her candidature against the advertised
post in S.T Category under sports quota and petitioner in
support of her claim for extending the benefits of
reservation under sports quota has mentioned the details
of the Competition and dated of issuance of certificate.
13. On the basis of the declaration made by petitioner in her
online application form treated her candidature under
S.T. category.
17. Petitioner was declared successful in the P.T result dated
23.02.2017.
31. Petitioner was declared successful in main examination.
34. On 02.03.2020 Petitioner appeared before J.P.S.C for
verification of documents.
35. On 03.03.2020 appeared for interview.
39. Selection process in terms of advertisement no. 23/2016
has already been completed.
41. Sports certificate issued by Karate Do Association of
Jharkhand for participation in state karate championship
is not valid for extending the benefits of reservation under
sports quota in terms of Clause-7(Gha) of the
advertisement.
42. Sports certificate relied by the petitioner is not of
international or national level or in terms of Clause-7(Gha)
of the Advertisement and as such is not valid for
extending the benefits of reservation under sports quota."
7. The petitioner had filed the Rejoinder to the
Counter Affidavit on 07.08.2020 wherein the petitioner has
stated the following: -
"7. ......Petitioner was selected under sports Quota in ST
Category, the same is evident from the preliminary admit
cards issued by the Respondents.
9. Checklist was the copy of the verifying assistant, the
same was not copy of the petitioner. The verification of
Document was done by the Controller officer. Where the
2025:JHHC:20931
controller has marked "Yes sports certificate.
12. As per the knowledge of petitioner, there are 6 seats to be
filled up under sports quota which is till vacant.
13. Certificate as issued to the petitioner is recognized by
International Olympic Committee.
14. Certificate of the petitioner is not just for participation, the
same is certificate of honor in which the petitioner
secured 2nd Rank i.e. Silver Medal and as per Clause7
(Gha).
17. Petitioner is the sole candidate who has applied under
sports quota."
8. Thereafter the State Government had filed their
Counter Affidavit dated 19.12.2020, inter-alia stating
therein the following: -
"3. Petitioner scored 501, whereas the final cut off marks
under ST category 524, thus the Petitioner did not qualify.
Also, JPSC didn't find the Petitioner eligible to get
horizontal reservation under the sports quota.
7. Eligibility criteria for horizontal reservation under sports
quota has been laid down by resolution no.1709
dt.12.09.2007.
10. Respondent No.1 is a Performa respondent."
9. Thereafter, the petitioner has filed rejoinder dated
29.01.2021 inter-alia stating therein the following: -
5. Petitioner applied under the reserved Schedule Tribe
Quota and also applied under the sports quota on
25.10.2016 and thereafter the petitioner was declared
successful till the stage of interview. But, after fulfilling
all required criteria and terms and conditions of the
advertisement the respondents has not declared the cut
off marks under sports quota.
6. The petitioner scored 501 marks which is less than final
cut off marks under ST category as well as respondent
JPSC did not find the petitioner eligible to get horizontal
reservation under sports quota. Till date
the JPSC has not published the final cut off marks under
sports quota.
7. There are 2 types of reservation- vertical reservation and
2025:JHHC:20931
horizontal reservation. The reservation in favor
of Scheduled Castes, Scheduled Tribes and other
backward classes (under Article 16(4) is vertical
reservation, whereas reservation in favor of sports quota
can be referred to as Horizontal reservation. Horizontal
reservation cut across the vertical reservation is called
interlocking reservations"
10. By an order dated 31.08.2021 this Court had
directed the State Government to file a specific affidavit to
show as to how the Sports Certificate of the petitioner is not
as per advertised requirement.
The State Government in compliance to the order
dated 31.08.2021 has filed their affidavit dated 16.11.2021,
inter-alia stating the following: -
7. Department of Personnel Administrative Reform and
Rajbhasha sought report from Department of Tourism,
Arts, Culture, Sports and youth Affairs Department
regarding definition of Sports person in context of 2%
Reservation for sports person mentioned in Jharkhand
Sports Policy 2007.
8. Department of Tourism, Arts, Culture, Sports and youth
Affairs replied vide letter no.1466 dated 06.10.2021
informing that the sports persons who are eligible to be
given benefit of 2 % reservation in State Level posts and
service is clearly mentioned in Clause-9 of the Jharkhand
Sports Policy, 2007 issued vide Resolution No.1709 dated
12.09.2007 of the Department of tourism, Art, Culture,
Sports and Youth Affairs, Ranchi.
9. Department of Tourism sought report from Secretary
General, Jharkhand Olympic Association regarding
Sports Certificate obtained by Petitioner for her
participation in KAJ state Karate Championship.
10. Secretary General, Jharkhand Olympic Association
dated. 05.10.2021
a. Karate Association of Jharkhand is not affiliated to
Indian Olympic Association and Jharkhand
Olympic Association.
b. Certificate issued by State sports Association duly
affiliated to respective National Sports Federation
2025:JHHC:20931
at all India level and affiliated to State Olympic
Association at State level can only be held valid.
c. As such KAJ is not affiliated to Jharkhand Olympic
Association hence any certificate issued should not
be accepted as valid certificate.
10. In view of the report received from Department of
Tourism, Art, Culture, Sports and Youth Affairs Sports
certificate of Petitioner is not as per the Jharkhand Policy,
2007 for extending reservation benefit in direct
recruitment."
11. Thereafter, the petitioner has filed Rejoinder
dated 22.12.2021, inter-alia stating therein the following: -
7. Respondent No.1 while seeking report from the
Department of Tourism, has not given the full details of
date and year of issuance of the certificate and has not
provided that certificate in question was issued by Karate
Do Association of Jharkhand on such date and not by
Karate association of Jharkhand.
10. Karate Do Association of Jharkhand is affiliated to All
India Karate Do Federation, Indian Olympic Association
and is also recognized by Ministry of Youth Affairs and
Sports, Government of India and Indian Olympic
Association. Karate-Do Association of Jharkhand is
member of Asian Karate-do Federation and World Karate
Federation and the same is also recognized by
International Olympic Committee. Petitioner is not
seeking for direct recruitment; the petitioner has
participated in all the stages of Combined Civil Service
and is seeking horizontal reservation as per Clause 7(D)
of the Advertisement.
Moreover, some candidates viz. Bimla
Munda, Vijay Kumar and Seema Kumari Sinha were
given the benefit of sports quota and were provided the
benefit of Clause-9 of the Jharkhand Sports Policy, 2007
on the basis of the certificates issued from same
organization by virtue of which they further participated
in 34th National Games. The Petitioner also participated
in selection process of 34th National Games and secured
medal, where the procedure for participation requires the
Petitioner to submit certificates, that on basis of the same
Sports Certificate dt.10.09.2005, Petitioner was allowed
to participate."
12. Thereafter, State Government had filed their
affidavit dated 29.07.2022, inter-alia stating therein the
2025:JHHC:20931
following: -
"3. Respondent No.1 vide letter dt. 19.07.2022 sought report
from Department of Tourism, Arts, Culture, Sports and
Youth Affairs regarding validity of Sports Certificate
issued by Karate Do Association
4. Report dt.20.07.2022 submitted by Department of
Tourism, Arts, Culture, Sports & Youth Affairs, Ranchi
i. Provision contained in point 9 of Resolution no.
1709 dated 12.09.2007 is "The state Government
is implementing new policy of extending 2%
reservation to the sportsperson in all state
government vacancies. For appointment on the
reserved post following standard for achievement
in sports is decided"
ii. Report from Secretary General, Jharkhand Olympic
Association dated 05.10.2021 the karate
Association of Jharkhand is affiliated neither to
Indian Olympic Association nor to the Jharkhand
Olympic Association. Therefore, Petitioner is not
eligible for availing reservation in appointment in
government service as per the Jharkhand Sports
Policy, 2007.
iii. As per Sports Certificate Petitioner achieved 2nd
place. Point 9 of resolution dated
12.09.2007 sportsperson who has achieved either
a medal in Competition organized by International
Olympic Committee or Federations associated with
it or 1st place in National Championship level
Competition organized by Indian Olympic
association or Federations associated with it or
International Record in National Level Competition
shall be eligible to avail reservation under sports
category in Class-II level post.
5. Based on the point 9 of Resolution dt.12.09.2007 and the
report from Jharkhand Olympic Association and Point
7(Gha)(i) (ii) and (iii) of the Advertisement Sports
certificate of the Petitioner is not in consonance with state
sports policy."
13. By an order dated 25.07.2023 this Court had
directed the State Government to file a specific affidavit as
to whether the Certificate issued to the petitioner in the
year 2005, which is at Annexure-2 to the main writ petition,
was recognized by Indian Olympic Association at that point
2025:JHHC:20931
of time or not.
The State Government filed their affidavit dated
14.08.2023, inter-alia stating therein: -
"13. In terms of the provision contained in point 9 of
Resolution no. 1709 dated 12.09.2007 of the Department
of Arts, Culture, Sports & Youth Affairs and the report
from Jharkhand Olympic Association and point 7 (Gha)
(i), (ii) and (iii) of the Advertisement no.23/2016, it has
been submitted that the sports certificate relied upon by
the petitioner is not in consonance with State Sports
Policy for availing benefits in Class II posts under State
Government.
14. Certificate issued to petitioner in the year 2005, which is
at Annexure2, was recognized by the Indian Olympic
Association at that point of time, then also on the basis of
facts mentioned in above para 3(iii) that certificate will be
eligible only for recruitment of Class III and IV posts and
not for Class II posts published in Advertisement
no.23/2016 by JPSC.
15. State Sports Policy framed by Department of Arts,
Culture, Sports and youth affairs, so the issue of validity
of the sports Certificate can only be clarified by the said
department. but the Department of Arts, Culture, Sports &
Youth Affairs has not been made respondent.
16. Respondent No.1 vide letter no.4569 dated 08.08.2023
sought report from Department of Arts, Culture, Sports
and youth affairs.
17. Respondent No.1 prayed to implead the Department of
Arts, Culture, Sports and youth affairs as respondent."
14. By another order dated 16.08.2023 this Court
had directed to implead Department of Arts, Culture,
Sports and Youth Affairs, Government of Jharkhand and
had further directed the Department to file specific affidavit
on the issue as to whether Karate-Do Association was
affiliated from Indian Olympic Association or the
Jharkhand Olympic Association and whether the Certificate
2025:JHHC:20931
issued by them was valid or not.
15. The Department of Arts, Culture, Sports and
Youth Affairs had filed their affidavit dated 01.09.2023,
inter-alia stating therein the following: -
"6. Jharkhand Olympic Association which is affiliated to
Indian Olympic Association which is affiliated to Indian
Olympic Association vide letter dated 23.08.2023 has
informed to the Deputy Secretary of the Department that
Karate Do Association was not recognized by Indian
Olympic Association at that point of time in 2005.
7. As per letter dated 23.08.2023 of the Jharkhand Olympic
Association which is affiliated to Indian Olympic
Association it is evident that Karate Do Association was
not recognized by the Indian Olympic Association at that
point of time in 2005."
16. Thereafter, petitioner had filed the rejoinder
dated 17.10.2023, inter-alia stating therein the following: -
"4. That this Hon'ble Court vide order dated 25.07.2023 has
directed the State Government to file a specific affidavit
"Whether the certificate issued to the petitioners (Mohini
Ritika Toppo) in the year, 2005 was recognized by the
Indian Olympic Association at that point of time or not".
5. That pursuant to the order dated 25.07.2023 passed by
this Hon'ble Court, the Jharkhand Olympic Association
vide letter no. JOA/SG/2023/98 dated 23.08.2023 and
has stated that the Karate-Do-Association of Jharkhand
was not recognized by the Indian Olympic Association at
that point of time in 2005.
6. That pursuant to the order dated 16.08.2023, the
Secretary, Department of Arts, Culture, Sports and Youth
Affairs, Government of Jharkhand was impleaded as
Respondent no.4 and this Hon'ble Court had directed
Respondent No.4 to file a specific affidavit on the issue as
to whether Karate-Do-Association was affiliated from
Indian Olympic Association or to the Jharkhand Olympic
Association and whether the certificate issued by them is
valid or not, which has been brought on record as
Annexure-2 to the writ petition.
7. That with regard to the statement made in paragraph
Nos. 6 and 7 of the counter affidavits, it is stated that
vide letter dated 15.09.2023, the petitioner has sought
information from the Director, Department of Arts,
Culture, Sports and Youth Affairs, Government of
Jharkhand regarding the validity of the Sports Certificate
2025:JHHC:20931
dated 10.09.2005 issued by Karate-Do-Association.
8. That pursuant to the letter dated 15.09.2023 made by
the petitioner, letter dated 23.08.2023 issued by
Jharkhand Olympic Association, letter no. 394 dated
23.08.2023 and letter dated 30.09.2023 issued by the
then Secretary, Karate-Do-Association Jharkhand, the
Department of Arts, Culture, Sports and Youth Affairs,
Government of Jharkhand has issued a letter as
contained in Memo No. 568 dated 04.10.2023, inter alia,
stating, therein the following facts:
i. This Certificate was issued for securing second
place (Silver Medal) in the year 2005 for a
championship organised by us in compliance with
the Olympic charter.
ii. Karate-Do-Association of Jharkhand (KAJ) was
duly affiliated to All India Karate Do Federation
(AIKF) recognised by Indian Olympic Association
and world Karate Federation duly recognised by
International Olympic committee in the year 2005.
iii. The Certificate issued by KAJ should be accepted
as a valid certificate.
9. That on perusal of the letter as contained in Memo No.
568 dated 04.10.2023 issued by the Department of Arts,
Culture, Sports & Youth Affairs, Government of
Jharkhand, it is clear that the certificate issued to the
petitioner in the year 2005 was duly affiliated to All
Karate DO Federation recognized by the Indian Olympic
Association and World Karate Federation duly recognised
by International Olympic committee in the year 2005.
10. Thus, from the forgoing paras, it is evident that the Sports
Certificate dated 10.09.2005 issued to the petitioner is a
valid certificate and it also stands valid in terms of the
Clause7(Gha) (i) of the advertisement that the Petitioner
has relied upon."
17. In the backdrop of above facts, it would be apt to
first go through the details of the eligibility under "Sports
Quota" as has been incorporated under Clause 7(Gha) of
the advertisement, which reads as under:-
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2025:JHHC:20931
18. The policy as contained in Memo No. 1709 dated
12.09.2007 of extending 2% reservation to the Sports
Persons in all State Government vacancies for appointment
on the reserved posts following standard for achievement in
sports is as follows: -
Level of Completion Achievement Class of posts for
direct appointment
(i) Competition Medal
organized by
International Olympic
Committee or First Place Class-II
Federations associated (For example, Deputy
with it. Police Superintendent,
International
(ii) National Assistant Forest
Championship level Record Conservator, Assistant
Competition organized Director (Sports) etc.)
by India Olympic Union
or Federations
associated with it.
(iii) National Level
Competition
(i) National Level Second/ Third Class-III
Competition organized
Place (For example, Police
by India Olympic Union
Inspector, Police Sub-
or Federations
Inspector, Forest Area
associated with it. First Place Officer, State Sports
(ii) State Level Officer, Sports
Championship Instructor, etc.)
(involving as many National Record
States as possible,
अिधकािधक) organized by
Jharkhand Olympic
Union or Federations
associated with it.
(iii) Sportsman
establishing National
record.
State Level Second/ Third Class-IV
Championship
Place (For example Sepoy,
(involving as many
Forest Guard etc.)
States as possible,
अिधकािधक) organized by
Jharkhand Olympic
Union or Federations
associated with it.
19. The counsel for JPSC has relied upon the
2025:JHHC:20931
judgment dated 18.06.2021 passed by the Division Bench
of this Court in W.P.(S) No. 1954 of 2020 (Shilpa Dalmia Vrs.
JPSC & Ors.) and has submitted that the petitioner is not
eligible in terms of the order passed by the Division Bench.
20. On a conjoint reading of the Clause 7(Gha) of the
Advertisement and the Sports Policy it is evident that the
candidate who is claiming benefits for horizontal
reservation under Sports Quota in the light of the Sports
Policy issued by the Government of Jharkhand vide Memo
No. 1709 dated 12.09.2007, is required to fulfil any of the
three conditions as mentioned in the Advertisement at
Clause 7(Gha) i.e. either candidate has achieved "Medal" in
the competition organized by International Olympics
Committee or Competition organized by Federation
attached with it; OR has secured "First Position" in the
Competition organized at National Level by Indian Olympic
Association or Federation attached with it; OR has "World
Record" in the Competition Organized at National Level;
meaning thereby, in either of the three situations the
candidates would be given the benefit of horizontal
reservation to the extent of 2% under Sports Quota.
21. The petitioner has claimed benefits of horizontal
reservation under Sports Quota on the basis of the
certificate produced by her which is annexed at Annexure-2
2025:JHHC:20931
of the writ petition.
The State Government has filed various affidavits and
has changed their stand consistently. In the affidavit dated
16.11.2021 filed by the State Government, they have stated
that the Karate Association of Jharkhand is not affiliated to
Jharkhand Olympic Association and Indian Olympic
Association hence, any certificate issued should not be
accepted as valid certificate.
On 14.08.2023, the State Government has again filed
their affidavit in which they taken a contrary stand that the
certificate issued to the petitioner in the year 2005 was
recognized by the Indian Olympic Association at that point
of time and further, they have stated that the State Sports
Policy is framed by the Department of Arts, Culture, Sports
and Youth Affairs, Government of Jharkhand, so the issue
of validity of the Sports Certificate can only be clarified by
the said Department.
The State Government has again filed their affidavit
dated 01.09.2023 wherein they have stated that Karate-Do
Association was not recognized by the Indian Olympic
Association at that point of time in the year 2005.
22. The petitioner has produced a letter dated
04.10.2023 issued by the State Government which has
been annexed in the Rejoinder dated 17.10.2023 wherein it
2025:JHHC:20931
has been clearly stated that the Certificate issued to the
petitioner in the year 2005 was duly affiliated to All India
Karate Do Federation recognized by the Indian Olympic
Association and World Karate Federation duly recognized
by International Olympic Committee in the year 2005 and
the Certificate issued by Karate Do Association of
Jharkhand should be accepted as a valid certificate.
23. The judgment relied upon by the counsel for the
respondent-JPSC and the State Government helps the case
of the petitioner as the issue in the case of Shilpa Dalmia
(supra) was whether the Certificate produced in the said
case was valid as per the Advertisement and Sports Policy.
In the case of Shilpa Dalmia (supra) the certificates
produced by the petitioner did not fall under the conditions
mentioned in the Advertisement and the relevant Clause of
the Sports Policy.
In the case at hand, the certificate produced by the
petitioner falls under the conditions mentioned in the
Clause 7(Gha) of the Advertisement and the Sports Policy
as the petitioner has secured medal (second position, Silver
Medal) in the year 2005 for a championship organized by
Karate-Do Association of Jharkhand in compliance with
the Olympic charter and Karate-Do Association of
Jharkhand was duly affiliated to All India Karate-Do
2025:JHHC:20931
Federation recognized by Indian Olympic Association and
World Karate Federation duly recognized by International
Olympic Committee in the year 2005 and in view of the
certificate produced by the petitioner, the petitioner fulfilled
the eligibility criteria of the Advertisement and is eligible.
24. Having regard to the facts that the petitioner
fulfils the eligibility criteria as per the Advertisement,
Sports Policy and the certificate dated 10.09.2005 has been
found to be valid by the State Government as per the
Advertisement, the act of the respondents in rejecting the
candidature of the petitioner is arbitrary and illegal. The
petitioner is eligible to be appointed against the Sports
Quota and the petitioner candidature should be considered
as there are 6 seats vacant. Accordingly, the respondent
JPSC would consider the claim of the petitioner and make
necessary recommendation.
25. The Respondent-State and the JPSC would
undertake the entire exercise within a period of 12 weeks
from the date of receipt /production of a copy of this order.
26. Accordingly, this Writ application is allowed.
Pending I.A, if any, also stands disposed of.
(Deepak Roshan, J.)
Amardeep/
AFR/
