Rajasthan High Court - Jodhpur

Vandana Dholpuriya vs The State Of Rajasthan ... on 25 September, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   D.B. Spl. Appl. Writ No. 444/2024

Vandana Dholpuriya D/o Shri Nathmal Dholpuriya W/o Shri Dilip
Kumar, Aged About 32 Years, Resident Of Ward No. 27, Regar
Basti, Sadulpur, Tehsil Rajgarh, District Churu.
                                                                       ----Appellant
                                       Versus
1.       The State Of Rajasthan, Through The Chief Secretary,
         Ayurvedic And Indian Medical Department, Rajasthan,
         Jaipur.
2.       The Director, Ayurved Department, Rajasthan, Ajmer,
         Ashok Marg, Savitri Chauraha, Ajmer.
3.       The    Deputy       Director,       Dr.     Sarvapalli      Radhakrishnan
         Rajasthan Ayurved University, Jodhpur.
                                                                    ----Respondents


For Appellant(s)             :     Mr. SD Goswami
For Respondent(s)            :     -



      HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                       ORDER

25/09/2024

Per, Kuldeep Mathur, J.

This intra-Court appeal is directed against the order dated

11.1.2024 passed by the learned Single Judge of this Court,

whereby the writ petition preferred by the appellant seeking

inclusion of his name in the merit list for the post of Compounder/

Nurse, Junior Grade in the Ayurved Department against the

category of Outstanding Sportsperson has been dismissed.

2. The Writ Court held as under:-

"4. In the aforementioned factual background, I have heard the rival contentions of the parties.

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5. The arguments presented on behalf of the petitioner are primarily twofold:-

a) Firstly, the online application form did not specify the column for outstanding sports persons, thus the petitioner could not opt for the same, and fault thus lies with the respondents in denying the sald category to the petitioner.

b). Secondly, the petitioner participated in the 27th Senior National Tennis Ball Cricket Championship 2016 (Men & Women) organized by the Agra & U.P. Tennis Ball Cricket Association, and for which the petitioner has been duly issued a certificate (Annex.4), she is thus entitled to be considered in the category of outstanding sports persons.

6. Second argument first. An examination of the sports certificate (Annex.4) relied upon by learned counsel for the petitioner reveals 244 that it has been issued to the petitioner for participation in the 27th Senior National Tennis Ball Cricket Championship 2016 (Men & Women), organized by the Agra & U.P. Tennis Ball Cricket Association under the aegis of the Tennis Ball Cricket Federation of India, which is stated to be affiliated with the Asian Tenn's Ball Cricket Federation. It is further stated that the said Asian Tennis Ball Cricket Federation is recognized by the Ministry of Youth Affairs and Sports, Government of India. However, there is some ambiguity as to whether these recognitions mentioned in the certificate pertain to the Agra alone or U.P. Tennis Ball Cricket Association or both or The Tennis Ball Cricket Federation of India or the Asian Tennis Bal Cricket Federation. Be that as it may, what is crucial is whether these recognitions meet the precondit on of recognition as envisaged in the advertisement (Annex.1)

7. While only an extract has been appended to the writ petition. during the course of the hearing, the complete advertisement has been provided, which is taken on record and marked as Annex.A.

8. A careful examination of clause (v) read with clause (vi) clearly states that only those sports persons shall be given any benefit of the outstanding sports category who have played any sport duly recognized by the Indian Olympic

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Association and the Indian Olympic Federation. Neither with the writ petition nor otherwise during the course of the hearing, has anything come on record to reflect whether the aforementioned Asian Tennis Ball Cricket Federation is duly recognized by the Indian Olympic Association or the Indian Olympic Federation.

9. Learned counsel for the petitioner relies on judgment dated 2024422.08.2023 passed by Coordinate Bench of this Court in S.B. Civil Writ Petition No. 4947/2022 (Kishore Ram Vs. State of Rajasthan & Ors.). Having perused the judgment ibid, it is borne out that the controversy herein was not the issue before the coordinate Bench of this Court.

10. In fact, per contra, reference may be made to a subsequent judgment of Coordinate Bench presided over by my learned brother Arun Bhansali, J, in S.B Civil Writ Petition No 2580/2022 (Nisha Vs. State of Rajasthan & Ors.) wherein the issue involved was directly the same as herein. Speaking for this Court my learned Brother observed as below:-

"Heard the learned counsel for parties. Perused the material available on record.

The English version of the stipulation in the Advertisement reads as under:

(v) represented Rajasthan in Individual or in a team event in national games/ national para games or national championship / para national championship of any sports and games, organized by the Indian Olympic Association/Para Olympic Committee of India or its affiliated National Sports Federation.

The requirement of the stipulation is very clear, wherein the event should have been organized by the Indian O ympic Association/ Para Olympic Committee of India or their affiliate National Sports Federation.

Admittedly, Shooting Ball Federation of India is not affiliated to Indian Olympic Association and therefore, it can not be said that the

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respondents committed any fault in rejecting the candidature of the petitioner as a Outstanding Sports Person. The plea raised, that as the Association is affi lated with the Rajasthan State Olympic Association, which in turn is affiliated to the Indian Olympic Association and therefore, the condition is fulfilled, has been noticed for rejection only, as the stipulation recuires direct affiliation and not via/through some other Olympic Association.

In view of the above discussion, there is no substance in the writ petition. The same is, therefore, dismissed."

I am in respectful agreement with the view taken as above.

11. Neither the certificate issued to the petitioner by the Agra/ UP Tennis Ball Cricket Association nor any other document on record reflects that the so called sports of tennis ball Cricket is recognized either as a recognized sport or even otherwise the Federation which conducted the tournament is affiliated with Indian Olympic Association.

12. No doubt, the certificate does state that the Federation which organize the Tennis Ball Cricket Association is recognized by Ministry of Youth and Sports, Government of India but the same does not help the petitioner, in any manner, as the clear cut pre- requisite as per the advertisement is that the sports played by the outstanding sportsperson should be recognized by Indian Olympic Association. Being not so, no grounds to interfere.

13. Dismissed."

3. Learned counsel for the appellant submitted that the

appellant is in possession of Merit/Participation Certificate issued

for 27th Senior National Tennis Ball Cricket Championship - 2016

(men and women) organized by Agra and UP Tennis Ball

Association, under Tennis Ball Cricket Federation of India which is

affiliated to Asian Tennis Ball Cricket Federation. To substantiate

this contention, learned counsel for the appellant has tendered a

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copy of the Notification dated 15.3.2013 issued by Department of

Personnel, Government of Rajasthan, wherein the definition of

"Outstanding Sportsperson" has been given.

4. Copy of the Notification dated 15.3.2013 is taken on record.

5. Learned counsel for the appellant submits that on the basis

of the certificates possessed by the appellant, her candidature

against the advertised post is required to be considered against

the post reserved for Outstanding Sportsperson. It is further

contended that the learned Single Judge failed to consider that the

Asian Tennis Ball Cricket Federation is recognized by the Ministry

of Youth Affairs and Sports, Government of India and therefore,

denial of appellant's candidature as Outstanding Sportsperson is

not justified.

6. Heard learned counsel for the appellant. Perused the

material available on record.

7. The definition of "Outstanding Sportsperson" given in the

notification dated 15.3.2013 reads as under:

"Li'Vhdj.k %& ÞmR--'V f[kykfM+;ksaß ls vfHkizsr gS vkSj blesa lfEefyr gS jkT; ds ,sls f[kykM+h ftUgksaus& ¼i½ bf.M;u vksyfEid ,lksfl,"ku ;k lacaf/kr ekU;rkizkIr us"kuy LiksV~lZ QsMjs"ku }kjk ekU;rkizkIr fdlh [ksydwn ds dksbZ varjjk'Vªh; VwukZesaV esa O;fDr"k% ;k Vhe Li/kkZ esa Hkkjrh; Vhe dk izfrfuf/kRo fd;k gks % ;k ¼i½ bf.M;u vksyfEid ,lksfl,"ku ;k lacaf/kr ekU;rkizkIr us"kuy LiksV~lZ QsMjs"ku }kjk ekU;rkizkIr fdlh [ksydwn ds dksbZ varjjk'Vªh; VwukZesaV esa O;fDr"k% ;k Vhe Li/kkZ esa Hkkjrh; Vhe dk izfrfuf/kRo fd;k gks( ;k ¼ii½ bf.M;u Ldwy LiksVZ QsMjs"ku ;k lacaf/kr ekU;rkizkIr us"kuy Ldwy xsEl QsMjs"ku }kjk ekU;rkizkIr fdlh [ksydwn ds dksbZ varjjk'Vªh; VwukZesaV esa O;fDr"k% ;k Vhe Li/kkZ esa Hkkjrh; Vhe dk izfrfuf/kRo fd;k gks( ;k ¼iii½ bf.M;u vksyfEid ,lksfl,"ku ;k lacaf/kr ekU;rkizkIr us"kuy LiksV~lZ QsMjs"ku }kjk ekU;rkizkIr fdlh [ksydwn ds

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dksbZ jk'Vªh; VwukZesaV esa O;fDr"k% ;k Vhe Li/kkZ esa esMy thrk gks( ;k ¼iv½ bf.M;u ;wfuoflZVht ,lksfl,"ku }kjk ekU;rkizkIr fdlh [ksydwn ds vkWy bf.M;k baVj;wfuoflZVh VwukZesaV esa O;fDrxr Li/kkZ esa ;k Vhe Li/kkZ esa esMy thrk gksA"

English Translation:-

"Explanation:-Outstanding sportspersons means and includes sportspersons of the State who-

(i) has represented the Indian team in individual or team event in any international tournament in any sport recognised by the Indian Olympic Association or the concerned recognised National Sports Federation:

Or

(ii) has represented the Indian team in individual or team event in any international tournament in any sport recognised by the Indian School Sports Federation or the concerned recognised National School Games Federation,

Or

(iii) has won a medal in individual or team event in any national tournament in any sport recognised by the Indian Olympic Association or the concerned recognised National Sports Federation;

(iv) has won a medal in individual or team event in the All India Inter-University Tournament in any sport recognised by the Indian Universities Association."

8. From the perusal of the definition of "Outstanding

Sportsperson" given in the Notification dated 15.3.2013, it is clear

that the event in which appellant has participated must have been

organized by the Indian Olympic Association or their affiliate

National Sports Federation/Indian School Federation or their

affiliate National Sports Federation/any inter-university

tournament recognized by Indian Universities Association.

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9. The merit/participation certificate placed on record by the

appellant indicates that Asian Tennis Ball Federation is not

affiliated with any of the organizations mentioned in the definition

of "Outstanding Sportsperson" given in the Notification dated