Rajasthan High Court - Jodhpur
Deu Ram vs Rajasthan Subordinate And ... on 27 October, 2021
Bench: Akil Kureshi, Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 226/2021
Deu Ram S/o Ganpat Ram, Aged About 23 Years, Village Deva,
Tehsil And District Jaisalmer Rajasthan.
----Appellant
Versus
1. Rajasthan Subordinate And Ministerial Staff Service Sel.
Board, Campus Of Agriculture Management Institutional,
Durgapura, Jaipur Through Its Secretary.
2. Director, Animal Husbandry And Veterinary, State Of
Rajasthan, Jaipur
----Respondents
For Appellant(s) : Mr. Girish Sankhala
For Respondent(s) : Mr. Shobha Prabhakar for Mr. Vinit
Sanadhya.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
27/10/2021
The instant intra-court appeal is filed against the judgment
dated 12.02.2021 whereby the writ petition preferred by the
petitioner assailing the action of the respondent, Rajasthan
Subordinate and Ministerial Staff Service Selection Board rejecting
the claim of the petitioner under the Outstanding Sportsperson
category was affirmed.
The petitioner applied for the post of Livestock Assistant
pursuant to recruitment notification dated 14.03.2018 under the
Outstanding Sportsperson category. He claims to be having
certificates in the sport 'Choi Kwang Do' and on the strength
thereof it was asserted that the petitioner having secured more
(2 of 3) [SAW-226/2021]
than cut off marks in the category of Outstanding Sportsperson
was entitled to be considered for selection against the post.
The respondents controverted the claim of the petitioner
asserting that the certificates possessed by the petitioner did not
qualify for reservation.
The learned Single Judge considered the arguments
advanced at Bar and dealt with each certificate placed on record
by the petitioner and observed in para 14 of the impugned
judgment as under:-
"14. It will be apt to deal with each certificate one by
one to examine petitioner's claim.
(a) Certificate placed at Annex.6 :- It relates to Second
Rajasthan State Choi Kwang Do Championship, 2017-
18, and since it is a certificate of championship at State
Level and not at National Level tournament, petitioner
cannot take benefit of the certificate.
(b) Certificate placed at Annex.7 :- It has been issued
by Choi Kwang Do Federation of India (CFI). However,
it is only a certificate evincing that petitioner possesses
'white senior belt' which is a grading or level of
expertise and not a rank won in a tournament and the
same cannot be considered to be a medal won at
National Level or at State Level.
(c) Certificate placed at Annex.8 :- The petitioner
cannot claim reservation on the basis of this certificate
either. Annex.8 relates to 14th National Level Choi
Kwang Do Championship, 2017-18, held between 27th
to 29th December, 2017 in which the petitioner has
won a silver medal. But this certificate shows that the
championship has been held under the aegis of "Choi
Kwang Do Association of UP", which is said to have
been recognized with the School Games Federation of
India. Now, since this certificate relates to
championship held by Choi Kwang Do Association of UP
and not by SGFI, the petitioner cannot take any
advantage of it."
In addition thereto, the Court also found that the sport 'Choi
Kwang Do' is not a game recognized by the Indian Olympic
Association or any recognized National Sports Federation.
(3 of 3) [SAW-226/2021]
Having considered the arguments advanced at Bar and after
going through the material placed on record, we are in conformity
with the view expressed by the learned Single Judge in the
impugned judgment that none of the certificates possessed by the
petitioner qualified for grant of reservation under the Outstanding
Sportsperson category.
Thus, the instant appeal fails and is dismissed as being
devoid of merit.
(SANDEEP MEHTA),J (AKIL KURESHI),CJ
52-a.asopa/-
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