Point of Law: Purpose of offering appointment to distinguished sportspersons is to encourage them to become good sportspersons and represent Country in International tournaments.

JUDGMENT :

Sandeep Sharma, J.

By way of Original Application No. 1737 of 2018, which now on account of abolition of Himachal Pradesh Administrative Tribunal, stands transferred to this Court, petitioner has prayed for the following substantive reliefs:-

“1). Direct the respondents to consider the case of the applicant for public employment on her sports achievements in category -I in terms of reservation notified in Annexure A-1 dated 28-05- 1999 under condition-A. By directing the respondent to appoint the applicant as DSP under Sport quota in place the respondent no.5 who is not eligible as per the State Policy.

ii) That in alternative prayer the respondents may kindly be directed to give the post of HAS if the quota of DSP has been exhausted since there is parity between these posts on the basis of pay scale.”

2. The facts, which are relevant for adjudication of the case are that respondent-State framed a policy on 28th May, 1999 (Annexure A-1) for providing reservation to the distinguished sportspersons in various services under the Government. Certain amendments came to be made to the aforesaid policy, vide notification dated 22nd January, 2002 (Annexure A-2). The petitioner herein participated in National Games in Kabbadi Sport in the year 2015. The petitioner excelled in the game of Kabbadi, which figures at Sr. No. 21 of the notification dated 28.05.1999 (Annexure A-1) and was awarded Silver Medal in National Games, therefore in terms of policy for reservation, she came to be offered post of Inspector in the Department of Excise and Taxation, Himachal Pradesh. Besides above, the State of Himachal Pradesh also bestowed highest Sport Award i.e. Parshu Ram Award upon her on 15.08.2012. Along with the petitioner other distinguished sportsperson namely Ajay Thakur, who had also excelled in game of Kabbadi, was also offered appointment as Inspector in the Department of Excise and Taxation, but he refused to accept the same. Though pursuant to the aforesaid offer, the petitioner joined as Inspector in Excise and Taxation Department but also kept on participating in National and International Games, details of which are given in Annexure A-3. Since the petitioner won a Gold Medal in Asian Games held in South Korea in the year 2014, which fall at Serial No.1 in Sports Policy, she made a representation to Hon’ble the Chief Minister of Himachal Pradesh to offer her appointment against Class-I post of Deputy Superintendent of Police, but such prayer of her was not paid any heed. To the contrary, another distinguished sportsperson namely, Ajay Thakur, who also won Gold Medal in 17th Asian Games held in South Korea in November, 2014, was offered appointment against the post of Deputy Superintendent of Police in Himachal Pradesh in the year 2017.

3. On account of aforesaid discrimination meted out to the petitioner, she approached the erstwhile Himachal Pradesh Administrative Tribunal by preferring Original Application No. 4438 of 2017, seeking therein a direction to the respondent-State to give her appointment against Class-1 post in terms of notification dated 28th May, 1999. Since the respondent-State stated before erstwhile Administrative Tribunal that the matter with regard to appointment of the petitioner against Class-I post is under active consideration of the Government, it disposed of the Original application with a direction to the respondents/competent authority to expedite the matter regarding appointment of the applicant therein into HPPS (or HPAS, Excise and Taxation Officer as requested by her vide representation submitted to Hon’ble the Chief Minister) against 3% reservation to the distinguished sports persons as was done in the case of Mr. Ajay Thakur. Though needful was ordered to be done not later than 28th February, 2018, but since no steps, if any, were taken by the respondents to comply with the afore order, the