The form prescribed under the rules can never have any effect on the interpretation of the parent statute.

JUDGMENT

“Whether the dog can wag the tail or the tail will wag the dog” is the question in this case.

2. With the consent of both the learned counsel, the writ petition is taken up for hearing.

Factual Matrix in Brief:

3. The petitioner is a candidate seeking employment in Group-I of the State services. He has cleared the preliminary and the main written examination. He is a sportsman, who has played Competitive Tennis at a certain level. He seeks employment under the 2% Sports quota. After qualifying in the main examination, the petitioner was asked to submit his eligibility certificates/sports certificates by an email dated 03.06.2021. The same were referred to a committee constituted by respondent No.2. The said committee by its order dated 31.05.2021 rejected the petitioner’s case on the ground that he has not represented India in an International Competition, Multinational Competition as prescribed in Form-1 of Annexure-III.

4. The stipulation in Form-1 is that he should have represented the country in an International tournament is the bone of contention. Rejecting his candidature on the basis of what is mentioned in Form-1 only is not correct as per the petitioner.

For Petitioner:

5. Learned senior counsel, Sri B.Adinarayana Rao, appearing for the petitioner has taken this Court through the relevant clauses of the notification dated 31.12.2018. He draws the attention of this Court to clause 4 of the notification which deals with reservations and in particular to clauses 4.4 and 4.9 which are as follows:

4.4: The meritorious sportsman means a sportsman who has represented the State or the Country in a national or international competition or Universities in the Inter- University tournaments conducted by the Inter- University Boards or the State School team in the national sports/games/for schools conducted by the All India School Games Federation in any of the games, sports, mentioned below and any other games/sports as may be specified by the Government from time to time, in terms of Rule 2(10) of A.P.State and Subordinate Service Rules. (emphasis supplied) 4.9: The reservation to meritorious sports persons will apply as per G.O.Ms.No.13, GA (Ser-D) Dept., dated 23.01.2018, read with G.O.Ms.No.74, Youth Advancement, Tourism and Culture (Sports) Dept., dated 09.08.2012 & G.O.Ms.No.473, Youth Advancement, Tourism and Culture (Sports & YS) Dept., dated 03.12.2018.

All the three Government Orders mentioned in the clause 4.9 are filed by the respondents. Of these, G.O.Ms.Nos.13 and 473 are clarificatory in nature and amend the existing G.O.Ms.No.74.

6. G.O.Ms.No.74 is the main G.O. that deals with incentives to sportspersons and reservations of 2% of posts. Learned senior counsel draws the attention of this Court to clauses (ii), (ix) (x) (xii) and (xiv) which are as follows:

(ii) The performance of the individual in having obtained Medals/ participation in disciplines for deciding a meritorious sportsperson, against two percent (2%) sports quota as mentioned in Annexure-II to this order, shall be the criterion, keeping in view the participation in recognized sports disciplines as per Annexure-I to this order, or as may be revised by the Government from time to time.

(ix) In the quota of two percent (2%) set apart for sports reservation for meritorious sports persons, individual events have to be given preference over team events within a priority.

(x) Participation at higher level shall be considered only when it is supported by winning medals at the lower level.

(xii) The appointing authorities shall call for applications by publishing in leading news papers in English/Telugu/Urdu languages from meritorious sportspersons along with the certificates in Form-I, Form-II, Form-III and Form-IV as the case may be, vide Annexure-III enclosed to this notification and shall submit the same to the Sports Authority of Andhra Pradesh. After scrutiny by the Sports Authority of Andhra Pradesh, like genuineness of the certificates, verifying medals