ORDER :

1. This writ petition has been filed by the petitioner seeking a direction to the respondents to consider the candidature of the petitioner for recruitment to the post of Agriculture Supervisor in Sportsperson Quota, appoint the petitioner on the said post with all consequential benefits.

2. It is inter alia indicated in the petition that pursuant to the advertisement dated 5/2/2021 (Annex.4) the petitioner applied for the post of Agriculture Supervisor; in the application form the petitioner indicated having participated in a tournament organized by the School Games Federation of India in the year 2015 and sought consideration of his candidature against the quota meant for Outstanding Sportsperson.

3. The advertisement dated 5/2/2021 was amended by another advertisement dated 5/7/2021, enhancing the quota for Outstanding Sportsperson from 16 to 40 as the total number of seats were enhanced from 842 to 2121. After written exam was held, list of candidates who were called for document verification was published on 30/11/2021, wherein, the candidates twice the number of posts were called. The petitioner appeared for document verification and filled up the form (Annex.8) and produced certificate pertaining to Outstanding Sportsperson (Annex.10).

4. Thereafter, a list was published by the respondent Board on 14/2/2022 (Annex.11) indicating the deficiencies in various forms after document verification, however, qua petitioner no such deficiency was pointed out.

5. In the list of selected candidates issued by the respondent Board dated 7/3/2022 (Annex.12), though the marks obtained by the petitioner were higher than the cut off meant for Outstanding Sportsperson, his roll number did not appear in the list of selected candidates. The petitioner made a representation on 8/3/3022 to the respondent Board. On 10/3/2022 (Annex.15) the petitioner made another representation indicating that he had produced the certificate pertaining to the games organized by the School Games Federation of India, based on which he was not included in the list of selected candidates and that he has participated in one more National Championship and produced a certificate in this regard (Annex.16) and prayed that his candidature may be considered against the quota of Outstanding Sportsperson, however, when the same was not considered, the present petition has been filed.

6. Learned counsel for the petitioner made submissions that action of the respondent Board in not considering the candidature of the petitioner against the Outstanding Sportsperson quota is not justified inasmuch as the petitioner, based on the certificate now produced by him, is clearly entitled for the same and, therefore, the action of the respondents in denying the consideration to the petitioner is not justified.

7. Submissions have been made that if the certificate (Annex.10) produced by the petitioner regarding his participation in the games organized by the School Games Federation of India did not make him eligible for consideration against the quota meant for Outstanding Sportsperson, in the list dated 14/2/2022 (Annex.11), the petitioner should have been called upon to produce the requisite certificate, however, no such opportunity was given though the petitioner was in possession of another certificate (Annex.16) and when the petitioner produced the certificate (Annex.16), the same has not been taken into consideration, which action of the respondent is not justified.

8. Submissions have been made that from the certificate (Annex.16) it is apparent that the petitioner has participated in Sub Junior National Football Championship – 2016, which makes him eligible for consideration against the quota meant for Outstanding Sportsperson and, therefore, the action of the respondent in this regard deserves to be quashed and set aside.

9. Learned counsel appearing for the respondents supported the action impugned. It was submitted that in terms of the advertisement, a candidate, who