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 discriminatory.

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 30^th 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 appointment to group ‘D’ and group ‘C’. On 20^th September 2013 a Government Resolution was issued by the State of Maharashtra mentioning specifically therein that those players, who had competed and secured first, second or third position or have been awarded gold, silver or bronze medal in inter universities competition in individual or team sports would be eligible for 5% reservation.

4. Thereafter, the government chose to issue another Government Resolution on 01/07/2016 by superseding all the earlier Government Resolutions in that regard. As per clause 2(b) (vi), of the said G.R. there is a reference of All India Inter Universities Sports Meet and the second column further states that the player of State of Maharashtra while representing the University, if he has obtained first, second or third rank or obtained gold, silver or bronze medal would be eligible. Clause 3(Aa) further lays down a condition that the Inter University competition should be organized by Inter Universities Sports Board. Schedule (A) of the said Government Resolution which is framed as per clause (2) of the said Government Resolution spells out various games/sports which are held to be eligible for the appointment in Group (A) and Group (B) posts. It is worthwhile to mention that for Group (B) posts, the eligibility is securing first, second or third rank in All India Inter Universities Competition. However, a note below eligibility for group (B) is the bone of contention in the present matter. The said note states that only those games which are held in Olympics, Asiad and Commonwealth games as also games of Chess, Kabaddi and Kho-Kho would be included in the said eligibility. In other words, as per the said note only those sports persons/ players, who are playing games which are played in Olympics, Asiad and Commonwealth games as also playing Chess, Kabaddi and Kho-Kho would only be eligible to avail the 5% reservation. It is this Government Resolution and more particularly the note which specifically limits the competitions as stated above is principally challenged in the present petition.

5. We have heard petitioner in-person, Mr. N.R. Patil, learned Asstt. Government Pleader for the resp