Eligibility for sports quota reservation must adhere to established criteria; rejecting valid sports certificates violates established policies.

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 in rejecting the candidature of the petitioner against the sports quota illegal and consequently declare the petitioner to be eligible for being appointed against the sports quota and accordingly consider her case for appointment and if otherwise found qualified appoint her against an appropriate post.

3. The brief facts of the case as it appears from the pleadings are that Jharkhand Public Service Commission (“JPSC”) published an Advertisement bearing No. 23 of 2016 for the Combined Civil Services Examination. The exam was conducted to recruit candidates for various posts within the State of Jharkhand. Clause 7(Gha) provides for horizontal reservation under the sports quota.

The petitioner was awarded Certificate of Honor on 10.09.2005 for participation in 3rd KAJ State Karate Championship held at Town Hall, Ranchi from 09.09.2005 to 11.09.2005 and was placed 2nd in the Team Individual Shiai/Kata event for Girls below 13 years/ in the Black Belt, Below Black Belt Individual Weight category. The petitioner was awarded Silver Medal, by Karate—Do Association of Jharkhand.

Further fact reveals that the Karate- Do Association of Jharkhand is affiliated to All India Karate-Do Federation and further All India Karate-Do Federation is also recognized by International Olympic Committee, as per the Certificate annexed by the petitioner.

Pursuant to the Advertisement published by the JPSC in the year 2016 for the Combined Civil Services Examination and on the basis of the Certificate dated 10.09.2005, the petitioner applied under the reserved category (Scheduled Tribe) and Sports quota on 25.10.2016. The petitioner fulfilled the eligibility criteria including minimum educational qualification as prescribed under the Advertisement.

4. The petitioner applied on 25.10.2016 and the JPSC has issued registration details of the petitioner which is annexed as Annexure-3 forming part of the main writ petition. The Registration number of the petitioner was 16059025 and, in the details, it was mentioned that the petitioner has applied under Scheduled Tribe category and was claiming reservation under the Sports quota. Further the Certificate issued to the petitioner on 10.09.2005 finds place in the registration details.

JPSC has issued an Admit Card to the petitioner for the preliminary examination which was to be conducted on 18.12.2016. In the Admit Card it was mentioned that the petitioner was claiming Sports reservation.

Thereafter, the JPSC has published the results of the preliminary examination in which the petitioner was duly qualified under the reserved (Scheduled Tribe) category. The JPSC has issued Admit Card to the petitioner for the Mains Examination which was held in January- February, 2019. The result of the Mains Examination was published and the petitioner was de