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2026 Supreme(Raj) 331

HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANAND SHARMA, J.
Mamta Kumari, D/o. Ran Singh, W/o. Jitendra Kumar - Petitioner 
Versus 
The State Of Rajasthan, Through Its Principal Secretary, Rural Development And Panchayati Raj Department – Respondent 
S.B. Civil Writ Petition No. 950 of 2026
Decided On : 21-05-2026

Advocates Appeared:
For the Petitioner: Mr. Sanjay Mehla with Ms. Sunita Mehla & Mr. Nagendra Sharma
For the Respondent: Mr. Gopal Krishan Sharma, AGC.

Eligibility for sports reservation is governed by tournament participation rather than the state represented. Administrative circulars restricting such benefits are invalid if they override or limit the express provisions of statutory rules or advertisements issued by the government.

Headnote:(A) Constitution of India - Article 309 - Service Law - Reservation for Outstanding Sports Person - Eligibility criteria for appointment - Requirement of participation in recognized sports tournaments - Clause requiring participation in individual or team event in recognized inter-university tournaments - Does not mandate that such representation must be made for the home state - Restrictive interpretation contrary to the literal and broad language of the advertisement is impermissible. (Paras 5, 6)

(B) Administrative Law - Executive Instructions - Circulars - Hierarchy of laws - Circulars issued by administrative departments cannot override or narrow the express provisions of statutory notifications or service rules - Any executive instruction contrary to established rules must yield to the latter. (Paras 7, 8)

Facts of the case:
The petitioner, a resident of the state, was selected under the reservation category for outstanding sports persons. Her candidature was rejected by the authorities on the ground that her sports certificate was obtained while representing a different state. The respondents relied upon an internal circular to justify this limitation. The petitioner challenged this action, contending it was inconsistent with the terms of the advertisement and previous judicial pronouncements.

Findings of Court:
The court held that the eligibility criteria in the advertisement focused on participation in recognized tournaments and did not include a provision requiring the athlete to represent their home state. It further ruled that an administrative circular cannot impose restrictive conditions that contradict the primary notification or rules governing the selection process.

Issues: The central issues were whether the requirement for 'Outstanding Sports Person' category status can be geographically restricted based on the state represented, and whether executive circulars can modify eligibility criteria set by statutory notifications.

Ratio Decidendi: The court determined that since the advertisement contained broad and unqualified language regarding tournament participation, the benefit of reservation could not be denied merely on the ground that the candidate represented another state. The court reiterated that subordinate administrative circulars cannot override rules having statutory force.

Result: Petition allowed; respondents directed to consider the petitioner for appointment within sixty days.

Table of Content
1. historical facts of the petitioner's claim and previous litigation. (Para 1 , 2)
2. parties' arguments regarding sports quota eligibility based on the representative state. (Para 3 , 4)
3. interpretation of advertisement clauses and superiority of statutory notifications over circulars. (Para 6 , 7)
4. judicial rebuke of administrative non-compliance and order for appointment. (Para 8 , 9 , 10)

Order :

ANAND SHARMA, J.

1. Petitioner has filed this writ petition with following prayer:

"It is therefore, most humbly prayed that your Lordhship may graciously be pleaded to accept and allow this writ petition and

i) By an appropriate writ, order and direction the impugned order dated 09.12.2025 issued by the respondent No.2 may kindly be quashed and set-aside.

ii) By an appropriate writ, order and direction the respondents may kindly be directed to consider the candidature of petitioner under sports category and give her appointment on the post of Teacher Grade- III Level-II (Maths-Science) in her allotted District with all consequential benefits.

iii). Any other order which this Hon'ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner."

2. Learned counsel for the petitioner submits that although, the petitioner was selected in the category of 'Outstanding Sports Person', yet later on, she was not granted appointment by raising doubts over validity and recognition of the certificate issued in favour of the petitioner. Under these circumstances, the petitioner filed S.B. CWP No. 17335/2019, which was disposed of by this Court vide order dated 28.08.2025, in which following directions were given:

"1. Pursuant to order dated 22.03.2024 and 20.08.2025 passed by this Court, learned counsel for the respondents has taken instructions.

2. Both the learned counsel appearing for the parties are in agreement that the issue in hand has already been decided by the Co-ordinate Bench of this Court at Jodhpur in S.B. Civil Writ Petition No.10141/2021 (Raghunath Ram Vs. State of Rajasthan & Ors.) decided on 25.08.2021 in which following directions were given:

(25) The petitioner is directed to appear before the Chief Executive Officer, Zila Parishad, Jalore on 06.09.2021 along with his original certificate of 9th Senior Jump Rope Championship, 2012-13, issued by the Jump Rope Federation of India. The respondent No.4, in turn, shall get the enquiry conducted in relation to such certificate and petitioner's entitlement on its basis, as early as possible, preferably within a period of six weeks.

(26) Needless to observe that if the respondents9 are of the view that petitioner cannot be considered as an outstanding sportsperson even according to the second certificate (9th Senior Jump Rope Championship, 2012-13), they shall pass a speaking order in accordance with law under intimation to the petitioner. Till such decision is taken, the petitioner shall be allowed to work. In case, the petitioner is found eligible on the basis of the second certificate, he shall be kept in service with all consequential benefits.

3. In the light of consensus between the learned counsel for the parties, the writ petition is disposed of in view of aforesaid directions given in the case of Raghunath Ram (supra)."

3. Learned counsel submits that in the light of directions given by this Court, the petitioner submitted representation before the Director, Elementary Education, Rajasthan, Bikaner; however, the representation was rejected by the Director vide order dated 09.12.2025 with observations which are not only cnflicting to the judgment referred in Raghunath Ram Vs. State of Rajasthan & Ors. referred by this Court in earlier order dated 28.08.2025, but are also contrary to the terms of advertisement. Learned counsel submits that although, it has not been disputed that petitioner is bonafide resident of State of Rajasthan, yet she has been deprived of benefit of Outstanding Sports Person only for the r

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