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AKIL KURESHI, REKHA BORANA
State of Rajasthan – Appellant
Versus
Ali Aman Elahi – Respondent
JUDGMENT
1. These appeals arise out of the common judgment of the learned Single Judge dated 15/03/2021 passed in S.B. Civil Writ Petition No.12343/2020 and connected petitions. Since facts are substantially similar, we may note them from the original writ petition in the case of Manini Kaushik. The petitioner Manini Kaushik had filed the above mentioned writ petition seeking a direction that the respondent State authorities should consider her candidature for out of turn appointment on a State Government post as a medal winner under the Medal Winner Rules, 2017 (hereinafter referred to as the 'Rules of 2017'). The petitioner had participated in a team event of 10 Meter Air Riffle Women Junior Team in ISSF World Championship, Chanangwon held at South Korea in the year 2018 winning a Gold medal in the event. The petitioner also claimed that in the process of winning Gold medal the team had broken the world record in the junior category. Besides, she had also won a Bronze medal in the Asian Championship 2017 (junior category) in the same event. Since the State authorities did not consider the petitioner eligible for appointment under the said Rules of 2017, she has approached this Cou
The Rules of 2017 for sports medal winners only apply to open category events, excluding junior category achievements from eligibility for government appointments.
The prospectivity of instructions is to be applied to posts advertised after the date of the Notification, and the eligibility for reservation should be based on the participation and achievements of....
Purpose of offering appointment to distinguished sportspersons is to encourage them to become good sportspersons and represent Country in International tournaments.
Judicial review in sports policy matters is limited to cases of evident arbitrariness; courts should defer to the expertise of selection committees unless clear injustice is demonstrated.
Judicial review of policy decisions in sports is limited; courts should not interfere unless there is clear evidence of arbitrariness or mala fides.
Candidates from any category can compete for a horizontally reserved post based on their sports merit, and candidates from reserved categories have the right to compete for open category posts based ....
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