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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan
Mohini Ritika Toppo – Appellant
Versus
State of Jharkhand through Principal Secretary, Department of Administrative and Personnel – Respondent
| Table of Content |
|---|
| 1. petitioner's demand for sports quota reservations. (Para 2) |
| 2. background facts of the case including petitioner’s qualifications and application details. (Para 3 , 4 , 5) |
| 3. respondents' affidavits regarding sports certificate validity. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. analysis of eligibility criteria for sports quota. (Para 19 , 20 , 21 , 22) |
| 5. court's conclusion on the validity of the petitioner's sports certificate. (Para 23 , 24) |
| 6. order for concluding the writ application and considering the petitioner's candidature. (Para 25 , 26) |
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel for the parties.
2. In the writ petition, the petitioner has prayed for the following reliefs: -
(i) For issuance of an appropriate writ, order or direction, directing the respondent authorities to show cause as to why the respondents have not allotted 2% of the seats for being filled through the sports quota;
(ii) If no cause or insufficient cause is shown by the respondent authorities, for issuance of an appropriate writ, order or direction, directing the respondents to identify and allot reservation of 2% against sports quota;
(iii) Declare that the action of the respondents
Eligibility for sports quota reservation must adhere to established criteria; rejecting valid sports certificates violates established policies.
The essential qualifications for appointment to a post are for the employer to decide, and the court cannot lay down the conditions of eligibility.
Denial of sports quota admission based on non-recognition of valid sports certificates was held unconstitutional, emphasizing equal treatment under the law for sports distinctions recognized by autho....
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 ....
The main legal point established in the judgment is the limited scope of judicial review in the case of selection/appointment and the requirement to adhere to the conditions stipulated in the adverti....
The form prescribed under the rules can never have any effect on the interpretation of the parent statute.
The eligibility for sports category reservations is strictly governed by the Government Resolution dated 1st July 2016, which limits consideration to sports included in the Olympics, Commonwealth, an....
The prospectivity of instructions is to be applied to posts advertised after the date of the Notification, and the eligibility for reservation should be based on the participation and achievements of....
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