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IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
DINESH MEHTA, J.
Gagandeep – Appellant
Versus
State of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 15807 of 2019
Decided On : 15-01-2020
OUTSTANDING SPORTS PERSON - RESERVATION - RAJASTHAN VARIOUS SERVICE (AMENDMENT) RULES, 2013 - RULES AMENDED TO INCLUDE MEDAL WINNERS IN NATIONAL TOURNAMENTS AS OUTSTANDING SPORTS PERSONS - APPLICABILITY OF AMENDED RULES TO RECRUITMENT PROCESS INITIATED PRIOR TO AMENDMENT - HELD, AMENDED RULES APPLICABLE AS THEY WERE IN FORCE ON THE LAST DATE OF APPLICATION.
Fact of the Case:
Petitioner, an outstanding sportsperson with a silver medal in National Taekwondo Championship - 2001, challenged the rejection of his candidature for the post of Lower Division Clerk due to the non-fulfillment of the condition of securing a medal at the International level, as per the advertisement issued on 14.02.2013. The petitioner argued that the subsequent amendment to the Rajasthan Various Service Rules, 2013, effective from 15.03.2013, which included medal winners in National Tournaments as outstanding sportspersons, should be applied to his case.
Finding of the Court:
The court held that the petitioner was entitled to be considered against the post meant for outstanding sportspersons as the amended Rules were in force on the last date of application form submission, which was extended to 18.04.2013. The court directed the respondents to consider the petitioner's candidature after verifying other eligibility conditions.
Issues: 1. Whether the amended Rajasthan Various Service Rules, 2013, which expanded the definition of 'outstanding sportsperson' to include medal winners in National Tournaments, could be applied to a recruitment process initiated prior to the amendment. 2. Whether the petitioner, who had won a silver medal in National Taekwondo Championship - 2001, satisfied the criteria for outstanding sportsperson as per the amended Rules.
Ratio Decidendi: 1. The court relied on the principle that the law applicable on the last date of application form is to be considered while examining a person's candidature. 2. The court interpreted the advertisement's 'Special Note,' which required the application of the latest/applicable law, as an indication that the amended Rules should be applied. 3. The court held that the amended Rules were beneficial legislation intended to include sportspersons who had played at the National Level and should be given full play. 4. The court noted that the earlier Rules relating to outstanding sportspersons were obliterated by the amendment, and the new Rules were in force when the petitioner's candidature was being considered.
Final Decision: The court allowed the writ petition and directed the respondents to consider the petitioner's candidature against the seats reserved for outstanding sportspersons, subject to verification of other eligibility conditions.
JUDGMENT :
Dinesh Mehta, J.
1. The petitioner has approached this Court invoking Article 226 of the Constitution of India laying challenge to his rejection of his candidature as an outstanding sports person, pursuant to the advertisement dated 14.02.2013.
2. The facts in nutshell relevant for the present purposes are, that the respondent - State issued an advertisement for recruitment of Lower Division Clerk on 14.02.2013, fixing the last date of submitting application form as 22.03.2013, said date was subsequently extended to 18.04.2013.
3. The advertisement provided reservation to the extent of 2% of the seats to 'Outstanding Sports Person'. Relevant Clause - 6 of the advertisement aforesaid reads thus:
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4. Before the last date of furnishing application form could reach, vide notification dated 15.03.2013, the State Government introduced Rajasthan Various Service (Amendment) Rules, 2013 (hereinafter referred to as the 'Rules of 2013') making them effective from immediate effect. Accordingly, various Service Rules of the State were amended in relation to provisions relating to reservation of 'Outstanding Sportspersons', rather concerned Rules were substituted in the manner that medal winner in any National Tournament or in All India Inter University Tournament in individual event or in Team event in any Sports and Games, recognised by Indian Universities Association were also included in the definition of outstanding sportsperson.
5. It will not be out of place to reproduce the Rules, which stood prior and after the promulgation of Rules of 2013, which reads thus:
"Outstanding Sportsperson shall mean and include the Sportsperson belonging to the State who have participated individually or in team, in the Sports & Games recognized by the International Olympic Committee and Indian Olympic Association or, in International Championship in Badminton, Tennis, Chess and Cricket recognized by their respective National Level Association, Federation or Board; with the following descriptions for each class of the Civil Services:
Subordinate Service Has represented India in Asian Games, Asian Championship, Common Wealth Games, World Championship, World School, SAARC Games or Olympic Games where he (in an individual item) or his team (in a team event) has obtained Ist, IInd and IIIrd position.
6. The definition of 'outstanding sportsperson', after amendment reads thus:
"Explanation:- "Outstanding sportspersons" shall mean and include the sportspersons belonging to the State, who,-
(i) represented Indian Team in Individual or in Team event in any International Tournament of any Sports and Games, recognized by the Indian Olympic Association or concerned recognized National Sports Federation;
Or
(ii) represented Indian Team in Individual or in Team event in any International Tournament of any Sports and Games, recognized by the Indian School S
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