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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
M.S.JAWALKAR, NANDESH S.DESHPANDE
Deepak Asaram Pawar – Appellant
Versus
State Of Maharashtra, Through Its Secretary, Department Of School Education And Sports, Mantralaya – Respondent
JUDGMENT :
NANDESH S. DESHPANDE, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. The present petition initially sought quashing of communication dated 24/10/2019 and subsequently sought declaration that “Body Building” is a species of Gymnastics and thus eligible for 5% reservation in Government and Semi Government Class ‘A’ to ‘D’ posts. After due amendment, it further prays for quashing and setting aside the Government Resolution dated 01/07/2016 issued by the respondent No.1 as also a letter dated 21/03/2023 issued by the respondent No.1 through Deputy Secretary.
3. Facts emerging from the petition are as under :
The petitioner at the relevant time was a student and was pursuing Master in Arts (M.A.) from Sant Gadge Baba Amravati University. The respondent No.1 issued a Government Resolution on 30th April 2005 whereby 5% of the posts in Class ‘A’ to ‘D’ of the Government and Semi Government institutions were kept reserved for players from the sports quota. In the said list, attached as an appendix, game of “Body Building” is mentioned as eligible for reservation. Thereafter on 18/11/2006, there was a new eligibility criteria for appointm
Restrictive note in sports reservation policy limiting to Olympic games held arbitrary under Article 14, lacking intelligible differentia; legitimate expectation from prior inclusion enforceable if d....
A legally enforceable right cannot be claimed based upon the principles of promissory estoppel and legitimate expectation in respect of the policy framed under the Government Resolution.
The eligibility for sports category reservations is strictly governed by the Government Resolution dated 1st July 2016, which limits consideration to sports included in the Olympics, Commonwealth, an....
The court established that arbitrary restrictions on eligibility criteria for sports quotas violate constitutional principles of equality and fair classification.
Mere representation at a National or International level does not guarantee reservation under the J&K Sports Policy. Eligibility for reservation requires outstanding proficiency and participation in ....
Denial of sports quota admission based on non-recognition of valid sports certificates was held unconstitutional, emphasizing equal treatment under the law for sports distinctions recognized by autho....
The prospectivity of instructions is to be applied to posts advertised after the date of the Notification, and the eligibility for reservation should be based on the participation and achievements of....
(1) Admission in Engineering Courses – Objective of introducing sports quota is not to accommodate academic merit but something altogether different: promotion of sports in institution, university, a....
The essential qualifications for appointment to a post are for the employer to decide, and the court cannot lay down the conditions of eligibility.
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