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2018 Supreme(Pat) 1797

MUKESH R. SHAH, ASHUTOSH KUMAR
Aditya Raj – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Prince Kumar Mishra, Brisketu Sharan Pandey, Anukriti Jaipuriyar.
For the Respondents: Mr. Rohitabh Das.

ORDER

I. A. No. 45 of 2017

This Interlocutory Application has been filed for amendment/modification in the prayer portion of the writ petition, wherein clause 3(ii)(d) has been wrongly typed as clause 3(ii)(b).

Prayer is allowed.

2. Interlocutory Application stands disposed of accordingly.

C.W.J.C. No. 11260 of 2015

3. The writ petitioner has challenged the vires of Clause 3(ii)(d) of the Bihar Outstanding Sportsperson Appointment Rules, 2014, as being arbitrary and unreasonable.

4. In exercise of powers conferred by proviso to Article 309 of the Constitution of India, the Rules have been framed which is titled as “The Bihar Outstanding Sportsperson Appointment Rules, 2014”. Clause 3 thereof describes the qualification for sportsperson to be called outstanding sportsperson for the purposes of appointment in the services of the State Government. The qualification for being an outstanding sportsperson inter alia is that he should be a resident of the State of Bihar and for the sports disciplines in category A4 and A5, as described in Scheduled 1 of the Rules, he ought to have obtained 1st/ 2nd / 3rd prize or of his having participated as a player in three consecutive years as State represen

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