Mere representation at a National or International level does not guarantee reservation under the J&K Sports Policy. Eligibility for reservation requires outstanding proficiency and participation in National championships, as per the Rules of 2008 and Amended Rules of 2008.

JUDGMENT :

1. Pursuant to notification No. 02 of 2023 dated 25.05.2023, for admission to Ph.D Programme (Full Time/Part time), issued by the respondent-Islamic University of Science and Technology, Awantipora, petitioner applied for admission in the discipline of Civil Engineering (Full Time) under Sports Category. Provisional merit list of Ph.D Programme for academic session 2022-23 for Civil Engineering came to be issued by the respondent-University, in which, petitioner was shown at Serial No. 06 under the category “Sports”. Since one Aijaz Ahmad Wani, figuring at Serial No. 04 of the said provisional merit list, did not join, sports certificates of the petitioner were sent by respondent No. 06 i.e. Assistant Registrar Academics of the respondent-University for verification to the Secretary J&K Sports Council Srinagar-respondent No.2. However, the Administrative Officer of the respondent-Sports Council, vide its communication No. SC/2407/7270-72 dated 09.10.2023, impugned in the present petition, conveyed the respondent-University that petitioner, having single participation at the National level, is not eligible for selection under the Sports Category. Consequently, respondent No.7 came to be provisionally selected in the Open Merit Category by the respondent-University vide impugned notification No. 05 of 2022-23 (Ph.D Programme) dated 30.10.2023.

2. Petitioner has invoked writ jurisdiction of this Court, in terms of Article 226 of the Constitution of India, for quashment of aforesaid communication dated 09.10.2023 issued by respondent-Sports Council, by virtue of which, he was found ineligible for selection under the Sports category as also notification dated 30.10.2023 issued by respondent-University whereby private respondent No. 7 has been selected for the discipline in the Open Merit Category. Petitioner, consequently, seeks mandamus to the respondent-University for his admission to the Ph.D programme in Civil Engineering under the Sports category.

3. Petitioner has assailed impugned communication dated 09.10.2023 issued by respondent-Sports Council primarily on the ground that it is in flagrant violation of the Government Order No. 808-GAD of 2008 dated 17.06.2008. According to the petitioner, he is eligible for consideration for selection under the Sports category, on the basis of certificate issued by the sports Council, in terms of Rule 3 of J&K Certification of Outstanding Proficiency in Sports Rules 2008.

4. Petitioner has also questioned the impugned communication of Sports Council on the ground that since his sports certificates were sent to the Sports Council for verification only, therefore, it could not go beyond verification and declare him ineligible for selection.

5. It is also contention of the petitioner that since the notification of the respondent-University only asked for a certificate under Sports category and not for certificates of participation of Sportspersons in two National events, therefore, petitioner, having complied with the said condition, is entitled to admission in the respondent-University under the Sports Category.

6. Per contra, the respondent-Sports council is affront with the contention that no legal, constitutional or fundamental right of the petitioner has been violated so as to clothe him to invoke extraordinary jurisdiction of this Court. According to the respondent-Sports Council, two sports certificates of the petitioner in the discipline of Ball Badminton with respect to (i) participation in North Zone Ball Badminton Championship held at Amballa from 13th to 15th April, 2023 and (ii) participation in First Youth National Badminton Championship held at Bihar from 25th to 27th March, 2023, were examined on the analogy of criteria laid down in Government Order No. 808-GAD of 2008 dated 17.06.2008, as amended vide Government Order No. 946-GAD of 2008 dated 15.07.2008 and petitioner having single participation at the National level, was found not eligible for selection. Accordi