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IN THE HIGH COURT OF BOMBAY
A. S. Chandurkar, Jitendra Jain, JJ.
Rahul Gorakhanath Kadam & Ors. - Appellants
Versus
The State of Maharashtra & Ors. - Respondents
Writ Petition No. 3853 of 2023
Decided On : 04-04-2024
RESERVATION - Sports Category Eligibility - Government Resolution dated 1st July 2016, Article 14 of the Constitution of India - The court discussed the Government Resolution dated 1st July 2016, which restricts the eligibility for sports category reservations to games included in the Olympics, Commonwealth, and Asian Games. The court interpreted this provision as definitive, ruling that powerlifting, not being included in these competitions, disqualified the petitioners from reservation benefits. The principle of promissory estoppel was also addressed, concluding that no vested rights were established based on prior certifications that contradicted the current resolution.
Fact of the Case:
The petitioners challenged the Maharashtra Administrative Tribunal's dismissal of their application for 5% reservation in a government job based on their participation in powerlifting, which was not recognized under the relevant government resolution for sports reservations.
Finding of the Court:
The court found that the Government Resolution dated 1st July 2016 clearly stated that only sports included in the Olympics, Commonwealth, and Asian Games would qualify for reservation. Since powerlifting was not included, the petitioners were not eligible for the reservation despite their previous certifications.
Issues: Whether the petitioners were entitled to 5% reservation under the sports category for the post of Assistant Motor Vehicle Inspector based on their participation in powerlifting, and whether the principle of promissory estoppel applied in their favor.
Ratio Decidendi: The court held that the Government Resolution dated 1st July 2016 was the governing document for eligibility, and since powerlifting was not included in the specified games, the petitioners could not claim reservation. The court also ruled that prior certifications did not create a vested right against the clear provisions of the resolution.
Final Decision: The court dismissed the petition, upholding the Tribunal's order and confirming that the petitioners were not eligible for reservation under the sports category.
JUDGMENT
Jitendra Jain, J. - By this petition under Article 226 of the Constitution of India, the Petitioners have challenged an order dated 16th February 2023, passed by the Maharashtra Administrative Tribunal, Mumbai (for short 'Tribunal') whereby the Original Application (O.A.) No.364 of 2021 filed by the Petitioners came to be dismissed, solitarily on the ground that game of powerlifting was not included in the Olympics, Common Wealth and Asian Games as per Government Resolution of 2016 for the purpose of granting 5% reservation to the sports person.
2. Brief facts are as under:-
(ii) In February 2017, the Petitioners made an online application in response to the above advertisement under the open sports category. The Petitioners cleared their preliminary exams. On 1st July 2017, Respondent No.3-MPSC issued an advertisement for main exam for the aforesaid post. The Petitioners applied for the main exams and cleared the same. On 9th September 2019, merit list was published and Petitioner No.1 was placed at Serial No.2781 in open category under sports reservation having scored 126 marks. The Petitioner No.2 was placed at Merit No.3603 in open category under sports reservation having scored 114 marks.
(iii) Meanwhile, on 6th April 2017, Respondent No.6-Deputy Director, Sports Affairs, Nagpur issued a certificate to Petitioners, certifying that Petitioner No.1 had secured second position and Petitioner No.2 had secured 3rd position in Powerlifting Game at Senior State Powerlifting Championship Men's 2012 held at Chandrapur. The said certificate further states that the verification is done as per Government Resolution dated 1st July 2016 and, therefore, they are eligible to avail reservation under sports category.
(iv) In July/October 2020, Respondent No.3-MPSC recommended both the Petitioners' names for the aforesaid post.
(v) On 27th March 2017, a letter was addressed by School Education and Sports Department of the State to Sports and Youth Affairs Officials stating that powerlifting competition organised prior to 1st July 2016, by Vidarbha Powerlifting Association should be considered for 5% reservation under sports category in the vacancies to be filled up by the State.
(vi) On 7th May 2021, Respondent No.2-Transport Commissioner informed the Petitioners that State Powerlifting Competition 2012 Certificate would not be considered for the purpose of 5% reservation under the sports category and, therefore, the Petitioners were not eligible to be considered under the sports category for the post of Assistant Motor Vehicle Inspector. Being aggrieved by the aforesaid communication, the Petitioners filed an O.A. with the Tribunal.
(vii) On 16th February 2023, the Tribunal dismissed the O.A. on the ground that as per the Government Resolution dated 1st July 2016, only games played in the Olympics and Asian Games would be considered for 5% reservation in the Government job under sports category and since 'powerlifting' game is not included in the said competitions, the Petitioners cannot be considered for the post of Assistant Motor Vehicle Inspector under the sports category.
3. It is on this backdrop that the Petitioners are before us today.
Submissions of the Petitioners:-
4. The Petitioners submitted that as per Government Resolution dated 30th April 2005, the candidate possessing a verified certificate for 'powerlifting' would be eligible to avail the benefit of being considered in category reserved for sports category. The Petitioners submit that they have cleared the preliminary and main exams and were also recommended by the Respondent No.3-MPSC. The Petitioners further submit that their certificates were verified and found eligible for being considered under the sports category vide certificate dated
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