Rajasthan High Court - Jodhpur

Kishor Ram vs State Of Rajasthan on 13 September, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4947/2022

Kishor Ram S/o Shri Sukha Ram, Aged About 36 Years, Resident Of Bhati Radio Service, Shop No. 40, Sabji Mandi, Pipar City, District Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Agriculture, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. The Rajasthan Subordinate And Ministerial Services Selection Board, Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura, Jaipur (Raj.).

----Respondents

For Petitioner(s) : Ms. Kiran Kachhawaha.

For Respondent(s)          :    Mr. M.C. Bishnoi.
                                Mr. M.S. Bhati.



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

13/09/2022

This writ petition has been filed by the petitioner aggrieved

against the rejection of his candidature as an outstanding sports

person for recruitment to the post of Agriculture Supervisor

pursuant to advertisement dated 5.2.2021.

It is, inter alia, indicated that the petitioner has to his credit

participation in 28th National Shooting Ball Championship 2009-10,

which was organized by the Amateur Shooting Ball Association of

Haryana (Regd.) and allotted by Shooting Ball Federation of India,

wherein the petitioner obtained the position of runner. The

petitioner was called for document verification however, after

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document verification, the candidature of the petitioner was

rejected, inasmuch as, the roll number of the petitioner was not

indicated in the list of selected candidates. Though the petitioner

had obtained marks higher than the cut off meant for outstanding

sports person.

A reply to the petition has been filed, inter alia, indicating

that the requirement under the notification dated 21.11.2019 for

claiming status as outstanding sports person is that the candidate,

who have won a medal in the individual or in team event in any

national tournament/championship of any sports and games

organized by the Indian Olympic Association or its affiliated

National Sports Federation, however, as the Shooting Ball

Federation on India is not affiliated to the Indian Olympic

Association, the petitioner is not entitled for claiming his status as

an Outstanding Sports person.

Learned counsel for the petitioner made submissions on the

strength of order in Chaina Ram Vs. The State of Rajasthan &

Ors.: SBCWP No. 13498/2017 decided on 12.4.2018 that in the

said case, a candidate having won a medal in the tournament

organized by the Shooting Ball Federation of India, was accorded

the benefit of an outstanding sports person and, therefore, the

petitioner is also entitled to similar relief.

Learned counsel for the respondents made submissions that

in the case of Chain Ram (supra), the aspect as to whether the

Shooting Ball Federation of India is affiliated to the Indian Olympic

Association, which is the requirement of the notification dated

21.11.2019, has not been considered, which aspect has been

considered in Pooja Vs. State of Rajasthan & Ors. : SBCWP No.

5683/2022, wherein after going through the memorandum and

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rules and regulations of Indian Olympic Association, it was

concluded that tournament organized by association affiliated to

the Indian Olympic Association only, was valid for the purpose of

claiming status as an Outstanding Sports person and, therefore,

the issue as raised, is covered by order in the case of indication

Pooja (supra) and, therefore, the petition deserves dismissal.

Learned counsel for the petitioner has produced a

communication from the Public Information Officer of the Indian

Olympic Association obtained under Right to Information Act,

wherein for the information pertaining to affiliation of the

federation with the Indian Olympic Association, the petitioner has

been referred to the Indian Olympic Association Web Link.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

The relevant part of the notification dated 21.11.2019, which

provides for the requirements for claiming status as the

outstanding sports person only reads as under:-

"(iii) medal winner in the individual or in team event in any national tournament/championship of any sports and games organized by the Indian Olympic Association or its affiliated National Sports Federation [N.S.F.];"

(emphasis supplied)

A perusal of the above requirement would reveal that the

candidate should have won the medal in a national

tournament/championship organized by the Indian Olympic

Association or its affiliated National Sports Federation. The

requirement is two fold:- (i) The tournament should have been

organized by the National Sports Federation and (ii) the said

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National Sports Federation must be affiliated to the Indian Olympic

Association.

A bare look at certificate (Annex.10) produced by the

petitioner, reveals that the tournament had been organized by the

Amateur Shooting Ball Association of Haryana (Regd) and it is

indicated in the certificate "Allotted by : Shooting Ball Federation

of India (Regd.)". The requirement, regarding the tournament

organized by the National Sports Federation from the indication

made in the certificate itself appears to be lacking.

Besides the above, the requirement of the Sports Federation

being affiliated to the Indian Olympic Association, has been

exhaustively dealt with in the case of Pooja (supra), wherein while

dealing with certificates, wherein the candidates had participated

in tournaments organized by Tug-of-War Federation of India, it

was, inter alia, laid down as under:-

"The requirement is very specific. The candidate must have represented Rajasthan, in a National Championship/Para National Championship, organized by either (i) Indian Olympic Association, or (ii) Para Olympic Committee of India or (iii) its affiliated National Sports Federation.

The term 'National Sports Federation' has been qualified by the words 'its affiliated', which necessarily means that the concerned National Sports Federation must be affiliated to either IOA or POCI.

A look at the certificates produced by the petitioners reveal that the Tug-of-War National Championship has not been organized by the IOA/POCI and, therefore, as required by the Rule, for the purpose of grant of benefit of reservation, the same should have been organized by a National Sports Federation affiliated to either IOA or POCI.

While the petitioners claim that the nature of connect of the Tug-of-War Federation of India with IOA, whereby it has been recognized by IOA is sufficient for

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the purpose of claim made by the petitioners, the respondents have emphasized that affiliation as indicated in the Rule is sine qua none for the purpose of granting the benefit as claimed.

A perusal of the documents produced by the petitioners Annex.-R/6 and Annex.-P/1 in SBCW No. 5683/2022, clearly reveal that the same only indicate the Tug-of-War Federation of India has been recognized by IOA.

Whether the recognition can be equated with affiliated as required by the Rule, the said aspect stands clarified by the Memorandum and Rules and Regulations of IOA produced as Annex.-R/4 by the respondents in SBCW No. 5683/2022, wherein the objects of IOA, inter alia, provide taking of disciplinary action against any affiliated Unit for misbehaviour or any other undesirable activity bringing discredit to the country and sport and provide 'Units affiliated with IOA' at Annex.-'D'.

In the Annex.-'D' annexed with the Memorandum, a list of Units affiliated with IOA has been indicated under 5 different categories i.e. (a) National Sports Federations, (b) National Sports Federation of Indian Games, (c) State Olympic Associations, (d) Union Territories, and (d) Services Sports Control Board.

In the list of National Sports Federation, as many as 39 Sports Federations have been indicated, however, the Tug-of-War Federation of India is not indicated therein and, therefore, it is apparent that the Tug-of- War Federation of India, is not affiliated with IOA.

The submissions made by learned counsel for the petitioners regarding there being no difference between recognized Sports Federation and affiliated Sports Federation, has no substance as in Annex.-6 though the name of several recognized Sports Federations have been indicated, their names do not find mention in the list of affiliated National Sports Federation e.g. Atya Patya Federation of India, Amateur Baseball Federation of India, Bridge Federation of India, Indian Blind Sports Federation etc. So far as the submissions made by counsel for the petitioners by relying on the indication made in the

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advertisement dated 31.12.2021 (Annex.-1) pertaining to Teacher Grade-III, Level-1 is concerned, the stipulation therein reads as under:-

"bf.M;u vksyfEid ,slksfl,'[email protected] vksyfEid desVh vkWQ bf.M;k ;k blls lac) ekU;rk izkIr us'kuy LiksVlZ QsMjs'ku }kjk vk;ksftr fdlh [ksy dwn dh us'kuy pSfEi;uf'[email protected] us'kuy pSfEi;uf'ki ;k us'kuy [email protected]'kuy iSjk xsEl esa O;fDr'k% ;k Vhe Li/kkZ esa jktLFkku dk izfrfuf/kRo fd;k gksA"

A perusal of the above would reveal that the same, inter alia, indicates that the recognized National Sports Federation affiliated to IOA/POCI.

Besides the fact that the Hindi version also specifically seeks lac) i.e. affiliated, the same apparently, is contrary to the notification dated 21.11.2019, inasmuch as, in the advertisement dated 05.02.2021 pertaining to Agriculture Supervisor, the same provision, inter alia, reads as under:-

"bf.M;u vksyfEid ,slksfl,'[email protected] vksyfEid desVh vkWQ bf.M;k ;k blls lac) us'kuy LiksVlZ QsMjs'ku }kjk vk;ksftr fdlh [ksydwn dh us'kuy pSfEi;uf'[email protected] us'kuy pSfEi;uf'ki ;k us'kuy [email protected]'kuy iSjk xsEl esa O;fDr'k% ;k Vhe Li/kkZ esa jktLFkku dk izfrfuf/kRo fd;k gksA"

Irrespective of the above, as the indication 'recognized National Sports Federation' in the advertisement besides being affiliated, stipulated in the advertisement is clearly in excess of / contrary to the Rules, the Rule would prevail and the indication made in the advertisement, cannot create an estoppel as sought to be submitted. This is besides the fact that affiliation with Indian Olympic Association/Para Olympic Committee of India still is sine qua none for the benefit sought to be availed by the candidates.

In view of the above discussion, as the petitioners have failed to establish that the Tug-of-War Federation of India is affiliated to Indian Olympic Association/Para Olympic Committee of India, the rejection of their

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candidature as outstanding sportspersons by the respondents, cannot be faulted".

The issue raised essentially is squarely covered by judgment

in the case of Pooja (supra). So far as judgment in the case of

Chaina Ram (supra) is concerned, the aspect as to whether the

Shooting Ball Federation of India was affiliated to the Indian

Olympic Association, was not considered by the Court and it was

assumed that the participation in the tournament suffice for the

purpose of requirement of the advertisement for claiming the

status as an outstanding sports person. In that view of the matter,

the said order in the case of Chaina Ram (supra) cannot be

treated as a binding precedent.