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 on merit.

JUDGMENT

Ajay Mohan Goel, J. - CMP No.6516 of 2021

Notice. Learned Additional Advocate General, accepts notice on behalf of the non-applicants.

By way of this application, a prayer has been made to place on record the Matriculation Certificate of the petitioner, which stands appended with the petition as Annexure-X as well as abstract of the copy of the Advertisement dated 19.12.2018, which is annexed with the application as Annexure-Y.

Learned Senior Counsel for the applicant/ petitioner submits that in case the application is allowed and these documents are ordered to be taken on record, they will facilitate the adjudication of the case.

Learned Additional Advocate General submits that he has no objection in case the application is allowed and the documents appended therewith are ordered to be taken on record. Accordingly, this application is allowed and the documents appended with the same are ordered to be taken on record, which shall be treated as part of the pleadings.

CWP No.492 of 2021

Brief facts necessary for the adjudication of the present petition are as under:-

According to the petitioner, she completed her graduation in the year 2018 and in the course of her college years, was selected to represent the State of Himachal Pradesh in the Inter- University Kabaddi Championship, which took place in New Delhi in the year 2017. The team, of which the petitioner was a part, won Bronze Medal in the said Inter-University Championship, as is evident from Annexure P-1, appended alongwith the petition. She was again selected to represent Himachal Pradesh University in the year 2018 and the team again won a Bronze Medal in All India Inter University Kabaddi Tournament held in M.D. Rohtak, as is evident from Annexure P-2. The petitioner was also selected for Himachal Pradesh State Kabaddi team and represented the State in the 66th Senior National Kabaddi Championship, held at Patliputra Sports Complex, Patna and the team won a Bronze Medal. Copy of the Certificate of merit awarded to the petitioner is evident from Annexure P-3. The State of Himachal Pradesh has taken a policy decision to provide 3% reservation to distinguished sports persons in the post/services to be filled up by way of direct recruitment. This reservation is provided in the course of direct recruitment to Class-III and Class-IV categories in all the Government Departments, Boards, Corporation etc. The Department of Youth Services and Sports Himachal Pradesh has also framed Rules of employment cell for distinguished sports persons (Annexure P-5). These Rules were amended vide Annexure P-6 to some extent, as per notification, dated 10.02.2011. In terms of the Rules, the Department of Youth Services and Sports set up a sports person employment cell, which maintains a live register with respect to the eligibility of sports persons for the purpose of appointment. The Recruiting Department sends a requisition to the Department of Youth Services and Sports for sponsoring the names as per vacancies from the live register according to priority. Thereafter, the Requisitioning Department recruits the person whose name has been sponsored. The sport of Kabaddi finds mention at serial No.21 of Annexure-A of the Rules/Scheme framed by the department concerned and medal winners in recognized Senior National Championship (Women) fall in the Category-III of the same.

2. Further, as per the petitioner, respondent No.2 sent a requisition to respondent No.3 to sponsor the names of the distinguished sports persons (women) in the sport of Kabaddi, for the post of Sub-Inspector of Police on regular basis and in response thereto, the name of the petitioner was also sponsored by respondent No.3 for the post in issue vide communication, dated 07.10.2020, appended with the petition as Annexure P-7. In terms of the same, the name of the petitioner was sponsored in Category-III. After the recommendation, nothing was done by the Requisitioning Department for about two months. Thereafter, vide Anne