Rajasthan High Court - Jodhpur

Bheru Lal Kumawat vs State Of Rajasthan on 31 January, 2023

Bench: Pushpendra Singh Bhati

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15078/2019

Bheru Lal Kumawat S/o Shri Hira Lal Kumawat, Aged About
32 Years, Resident Of Village And Post Bichhor Tehsil Begun
District Chittorgarh.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary,
Elementary Education, Rajasthan, Jaipur.
2. The Director, Primary Education, Government Of
Rajasthan, Bikaner.
3. The Rajasthan Subordinate And Ministerial Service
Selection Board, Jaipur.
----Respondents

For Petitioner(s) : Mr. Khet Singh Rajpurohit
For Respondent(s) : Mr. Vinit Sanadhya
Mr. Sharvan Kumar

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reserved on 23/01/2023

Pronounced on 31/01/2023

1. This civil writ petition under Article 226 of the

Constitution of India has been preferred claiming the

following reliefs:
"(i) The respondents may kindly be directed to award
28 marks for the sports certificate of the petitioner
treating it a sports certificate of National level Games.
(ii) The respondents may kindly be directed to revise
the marks of the petitioner after awarding 28 marks
for sports certificate and consequently include the
name of the petitioner in the select list.
(iii) By an appropriate writ order or direction, the
respondents may kindly be directed to give

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appointment to the petitioner after awarding 28 marks
with all consequential benefits.
(iv) That any other direction or order may be passed
in favour of the petitioners which may be deemed just
and proper under the facts and circumstances of this
case in the interest of justice.
(v) That the costs of this writ petition may be awarded
to the petitioner."

2. Brief facts of the case, as placed before this Court by

learned counsel for the petitioner, are that the petitioner has

obtained Bachelor Degree in Physical Education from

Maharishi Dayanand Saraswati University, Ajmer in 2010. The

petitioner, being a sportsperson, participated in various

tournaments, pertaining to Handball sport, during the school

and College time. Thereafter, looking into his ability and

interest in the sport of Handball, the petitioner was selected

as team member of the Mohan Lal Sukhadiya University in All

India Inter University tournaments held at Periyar University,

Salem and the said tournaments were conducted from

12.02.2007 to 22.02.2007; accordingly, the University issued

a Certificate to the petitioner of participation in the said

tournament.

2.1. The respondent issued an advertisement on 04.05.2018

for thke post of Physical Training Instructor Grade-III, in the

said advertisement, the respondent mentioned that the

candidates having sports certificate shall be entitled for the

marks, as prescribed in the advertisement, and on the basis

of the requisite certificate. The petitioner submitted online

application for the post of PTI Grade-III and after written

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examination, the candidates 1.5 times the posts advertised,

were declared successful, including the present petitioner, and

the candidates were called for documents verification.

Thereafter, the respondent declared final result on

26.09.2019, but petitioner was not declared successful

therein.

2.1.1 Thereafter, the mark-sheet of petitioner was

uploaded on the concerned web portal, which clearly shows

that the petitioner was awarded only 16 marks for his sports

certificate, whereas the petitioner was entitled for 28 marks.

3. Learned counsel for the petitioner submitted that the

petitioner was entitled for award of 28 marks as per the note

prescribed in the advertisement for his sports certificate but

the respondent failed to consider and awarded only 16 marks,

while treating the said sports certificate as pertaining to a

State Level tournament. Therefore, as per learned counsel,

the action of the respondent in not awarding appropriate and

sufficient marks on the basis of the sports certificate is highly

arbitrary and bad in the eye of law.

4. Learned counsel for the petitioner further submitted that

the petitioner having certificate of participation of National

Level Tournaments conducted between the Inter Zone

University Games in relation to the sport of Handball and such

certificate has been classified as National Level Games as per

the sub-item 3(Kha) of the advertisement in question. In

support of such submissions, learned counsel placed reliance

on the judgment of rendered by Coordinate Bench of this

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Hon'ble Court in the case of Ram Murti Vs. Rajasthan

Public Service Commission & Ors. (S.B. Civil Writ

Petition No. 12730 of 2012, decided on 24.01.2014).

5. On the other hand, learned counsel for the respondent

opposed the submissions made on behalf of the petitioner and

submitted that the certificate produced by the petitioner

reveals that it was pertaining to the South-West Zone

Tournament. As per learned counsel, the Association of Indian

Universities has published a Handbook of Rules & Regulations

for Inter-University Tournaments; the Association of Indian

Universities has prescribed Four Zones i.e. East, West, North,

South, mentioning there three types of Inter University

Tournaments i.e. All India Basis, Two-Zone Basis and Four

Zone Basis.

6. Learned counsel for the respondent further submitted

that as per the said Handbook, the sports of Handball is

organized at Two Zone basis only. Therefore, as per learned

counsel, it is clear that the petitioner does not fall under the

category of All India Level sportsperson, because the Handball

is Inter University Tournament and it was organized at Zonal

Level and not at All India Level.

7. Heard learned counsel for the parties as well as perused

the record of the case, alongwith the judgment cited at the

Bar.

8. This Court finds that the Handbook published by

Association of India Universities, as produced by the

respondent (Annexure-R.3/1), clearly states that the

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sportsperson of Handball game do fall under the category of

Two Zones basis, as organized at Zonal Level.

Relevant portion of the said Handbook is reproduced as

hereunder:

A. INTRODUCTORY RULES
I.
II. TOURNAMENTS AND ZONES
The tournaments in the following games shall be
organized annually by the Sports Board on an All-
India basis/2-Zone basis/4-Zone basis as given
below. The tournaments shall played on knock-out
basis/league basis/ league-cum-knock out basis etc.
as decided by the Sports Board from time to time.
A. All-India Basis
..
..
B. Two-Zone Basis
1. Basketball(W) 2. Handball (M&W)
3. Kabaddi (W) 4. Kho-Kho (M)
5. Kho-Kho (W) 6. Tennis (M)
7. Volleyball (W)

9. This Court further finds the Handball sport is not

organized at All India Level, rather it is being organized at

Zonal Level; the present petitioner thus does not fall under

the category of All India Level.

10. Thus, in view of the above, and looking into the overall

facts and circumstances of the present case, and the material

placed on the record, this Court does not find any case to be

made out for making interference by this Court.

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11. Consequently, the present petition is dismissed. All

pending applications stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.