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2021 Supreme(HP) 353

SANDEEP SHARMA
Kumari Poonam Thakur – Appellant
Versus
State Of Himachal Pradesh & Ors. – Respondent


Advocates appeared:
Ravinder Singh Chandel, Advocate, Sudhir Bhatnagar, Advocate, Arvind Sharma, Advocate, Kunal Thakur, Advocate

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, Boa

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