Fulfillment of the parameters as laid down in the advertisement and lack of rejection of the petitioner's candidature on the ground raised by the respondents influenced the court's decision.

ORDER :

1. The petitioner has preferred the present writ petition with a prayer seeking appointment on the post of Teacher Grade-III (General Education) (Level-II) in subject English qua the recruitment process initiated vide advertisement dated 31.07.2018.

2. Brief facts of the case are that vide the abovementioned advertisement dated 31.07.2018, recruitment process was initiated and the petitioner applied qua the seats of District Nagaur. Total 502 seats were advertised qua District Nagaur out of which 10 were reserved for “outstanding sportsperson.” The provisional select list was issued on 03.09.2018 and the petitioner’s name found place in the same. Interestingly, the petitioner’s name found place in the final select list dated 09.01.2020 also but he was not afforded appointment. Against the said inaction on the part of the respondent-Department, the present writ petition has been preferred.

3. The case of the respondents is that the petitioner did not fall within the category of “outstanding sportsperson” as the certificate submitted by him does not comply with the requirements/parameters as laid down in the advertisement and therefore, the petitioner could not have been considered qua the said quota. It has further been submitted that the tournament in which the petitioner had participated had not been organized by the Olympic Association of Indian or the concerned Sports Federation as required in terms of the amended notification dated 15.03.2013.

4. It is not in dispute that the cut-off declared for the “outstanding sportsperson” category was 56.07 marks and the petitioner obtained 59.42 marks. The only ground for non-appointment of the petitioner is that the sports certificate submitted by him did not meet out the conditions as specified in the advertisement.

5. The conditions regarding “outstanding sportsperson” read as under:

^^¼[k½ mRd`"V f[kykfM+;ksa lacaf/kr Áko/kku & dkfeZd foHkkx }kjk tkjh vf/klwpuk Øekad ,Q&5 ¼31½ MhŒvksŒihŒ@,&2@84 fnukad 15-03-2013 ds rgr fd;s x;s la'kks/ku ds vuqlkj ^^mRd`"V f[kykfM+;ks** ls vfHkÁsr gS vkSj blesa lfEefyr gS jkT; ds ,sls f[kykM+h ftUgksaus%&

¼v½ bf.M;u vksyfEid ,lksfl,'ku ;k lacaf/kr ekU;rk ÁkIr us'kuy LiksV~lZ QsMjs'ku }kjk ekU;rk ÁkIr fdlh [ksydwn ds dksbZ varjk"Vªh; VwukesaV esa O;fDr'k% ;k Vhe Li/kkZ esa Hkkjrh; Vhe dk Áfrfuf/kRo fd;k gksA

¼c½ bf.M;u Ldwy LiksVZ QsMjs'ku ;k lacaf/kr ekU;rk ÁkIr us'kuy Ldwy xsEl QsMjs'ku }kjk ekU;rk ÁkIr fdlh [ksydwn ds dksbZ varjk"Vªh; VwukZesaV esa O;fDr'k% ;k Vhe Li/kkZ esa Hkkjrh; Vhe dk Áfrfuf/kRo fd;k gksA

¼l½ bf.M;u vksyfEid ,lksfl,'ku ;k lacaf/kr ekU;rk ÁkIr us'kuy LiksV~lZ QsMjs'ku }kjk ekU;rk ÁkIr fdlh [ksydwn ds dksbZ jk"Vªh; VwukZesaV esa O;fDr'k% ;k Vhe Li/kkZ esa esMy thrk gksA

¼n½ bf.M;u ;wfuoflZVht ,lksfl,'ku }kjk ekU;rk ÁkIr fdlh [ksydwn ds vkWy bf.M;k baVj;wfuoflZVh VwukZesaV esa O;fDr'k% Li/kkZ esa ;k Vhe Li/kkZ esa esMy thrk gksA

buls fHkUu ;ksX;rk j[kus okys vH;FkhZ dks mRd`"V f[kykfM+;ksa ds fy;s vkjf{kr inksa ij p;u gsrq vik= ekuk tk;sxkA mRd`"V f[kykM+h gsrq vkjf{kr inksa dks n.Mor vkj{k.k ns; gksxkA bl oxZ esa vH;FkhZ miyC/k ugha gksus ij buds inksa dks lkekU; ÁfØ;k ls Hkjk tk;sxkA**

6. Clause C of the above conditions would be applicable to the present matter which specifies that a candidate to be an “outstanding sportsperson” ought to have won a medal in a national level tournament in a sport recognized by the Indian Olympic Association or any recognized national sports federation.

7. A perusal of the sports certificate placed on record as Annex.2 clarifies that the petitioner had participated in the Senior Men category of the Karate-Do championship and won a bronze medal. The tournament has been mentioned to be organized by ‘Shito-Ryu Seiko-Kaikarate-Do India’ which is an organization approved by ‘Karate Association of India’ and recognized by the Ministry of Sports and Youth Affairs of the Government of India. The certificate mentions the championship to be of a national level. Meaning thereby, all the parameters as