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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sandeep Sharma, J.
Kumari Poonam Thakur - Appellant
Versus
State Of Himachal Pradesh & Ors. - Respondents
C.W.P. No. 3850 of 2019
Decided On : 13-07-2021
Reservation - Distinguished Sportsperson - 3% Reservation in Public Employment - [Kabaddi] - [Sports Quota] - [Annexure A, Annexure B, Annexure C] - The court discussed the provisions of the Notification No. YSS-A(4)1/2018- loose dated 10.1.2011/10.2.2011 and the eligibility criteria for distinguished sportspersons under the Department of Youth Services and Sports. The court highlighted the inclusion of Kabaddi in the list of games and the extension of reservation to medal winners of All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions under category No. IV(II). The court emphasized that the prospectivity of the instructions is to be applied to posts advertised after the date of the Notification, and that the petitioner, having participated and won a medal in the National Sports Festival for Women organized under PYKKA Competitions, is entitled to claim the benefit of 3% reservation for distinguished sportspersons.
Fact of the Case:
The petitioner, a distinguished sportsperson who won medals in the National Sports Festival for Women organized under PYKKA Competitions, sought registration under the sports quota for public employment. The respondents rejected her claim, citing the eligibility criteria introduced in a clarification issued in 2011.
Finding of the Court:
The court found that the petitioner, having participated and won a medal in the National Sports Festival for Women organized under PYKKA Competitions, is entitled to claim the benefit of 3% reservation for distinguished sportspersons, despite the introduction of new eligibility criteria in 2011.
Issues: The main issue was whether the petitioner, who had participated and won medals in the National Sports Festival for Women organized under PYKKA Competitions, is eligible to claim the benefit of 3% reservation for distinguished sportspersons in public employment.
Ratio Decidendi: The court held that the prospectivity of the instructions is to be applied to posts advertised after the date of the Notification, and that the petitioner is entitled to claim the benefit of 3% reservation for distinguished sportspersons based on her participation and medal win in the National Sports Festival for Women organized under PYKKA Competitions.
Final Decision: The petition was allowed, and the respondents were directed to make requisite entry/registration of the petitioner as a distinguished sportsperson under the sports quota, enabling her to avail the benefit of 3% reservation meant for distinguished sportspersons.
JUDGMENT
Sandeep Sharma, J. - The moot question which has arisen/fallen for determination in the case at hand is, "whether the petitioner, who had not only participated in the national level Kabaddi championship in 2005 but had also won various medals, is debarred form claiming benefit of reservation in public employment under 3% reservation for distinguished sportsperson in light of the Notification No. YSS-A(4)1/2018- loose dated 10.1.2011/10.2.2011 (Annexure P-3), whereby Government decided to reserve 3% posts to medal winners of All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions under category No. IV(II).
2. For having bird's eye of the matter, certain undisputed facts as emerge from record are that the respondent No.1 vide Notification No. 2-11/72-DP(A-II) dated 28.5.1999 (annexure P- 2) issued instructions for providing 3% reservation to distinguished sportsperson in posts/service to be filled in by way of direct recruitment, contents whereof are reproduced herein below:
"A. EXTENT OF RESERVATION
I) 3% Reservation in direct recruitment posts in lass=-III and Class -IV categories in all the State Government Department, Boards, Corporations and autonomous Bodies other than High Court, Himachal Pradesh Administrative Tribunal, governor Secretariat, Himachal Pradesh Public Service Commission and Himachal Pradesh Vidhan Sabha will be provided under article 16(1)of the Constitution, which will be treated as "Horizontal Reservation".
II) 3% reservation to the defined categories with respect of Class-I and Class-II posts in the following Departments:
- Department of Youth Services and Sports.
- Institute of Mountaineering and Allied Sports Manali
- Home Guards
- School Cadre DPE and PET
- College Cadre Lecturers in Physical Education
The Government may with the approval of the cabinet and in consultation with HPPSC appoint distinguished sportsperson of category I, II and selective sportspersons in category III to Class I and II posts in Departments, boards, corporations autonomous bodies other than those mentioned above. These appointments will however, be limited to 3% of the vacancies.
iii) 3% reservation in Class-I and Class-II in other departments will be given in special cases specifically approved by the Council of Ministers.
B. ELIGIBILITY:-
Sportspersons participating games as per Annexure (A) and falling within categories I to IV Annexures (B) will be the distinguished sportsperson. Sportspersons falling in these categories only will be eligible to claim benefit of reservation.
C. REGULATION OF RESERVATION:- ......
x x x x x x
FIRST APPENDIX TO ANNEXURE 'B'
x x x x x x
Annexure-A
List of games/sports which qualify meritorious sportspersons for consideration for appointment to Class-I to IV posts/services under State Government/Boards/Corporations, etc.
1. Archery
2. Athletics(Track and Field events)
3. Atya/patya
4. Badminton
5. Ball Badminton
6. Basketball
7. Billiards & Snooker
8. Boxing
9. bridge
10. Carrom
11. Chess
12. Cricket
13. Cycling
14. Equestrian sport
15. football
16. golf
17. gymnastics (including body-building)
18. Handball
19. Hockey
20. Judo
21. Kabaddi
22. Karate-do
23. Kayaking& Canoeing
24. Kho-Kho
25. Polo
26. Power Lifting
27. Rifle Shooting
28. Roller Skating
29. rowing
30. softball
31. squash
32. swimming
33. table Tennis
34. Taekwondo
35. Tenni-koit
36. tennis
37. volleyball
38. weightlifting
39. wrestling
40. Yachting
Annexure-B
Criteria for selection of Outstanding Sportspersons who will be eligible for employment in Government Departments/Boards/ Corporations and Universities
The various sports competitions will be classified as follow:
| Category No. I | I. Medal winners of Olympic Games/Winter Olympics |
| II. Commonwealth Games | |
| III. Medal Winners of Asian Games/Winter Asiad | |
| Category No. II | I. Participation in Olympic Games |
| II. Participation in Commonwealth Games. | |
| III. Participation in Asian Games. | |
| Category No. III | I. Medal winners in National Games |
| II. Medal winners in recognized Senor national Championship | |
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