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2019 Supreme(P&H) 961
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. SANDHAWALIA, J.
Alamdeep Singh - Appellant
Versus
State of Punjab and Others - Respondent
Civil Writ Petition No. 12155 of 2013
Decided On : 05-08-2019
Advocate Appeared:
Rajiv Atma Ram, Adv., Madhu Dayal, Adv., Jasleen Kaur Sidhu, Adv., Gurminder Singh, Adv., J.S. Gill, Adv., D.S. Patwalia, Adv., B.S. Patwalia, Adv.
Headnote:
SPORTSPERSON - APPOINTMENT DISPUTE - Punjab Recruitment of Sportsmen Rules, 1988 - The court discussed the eligibility of the private respondents for appointment as PCS (EB) and Excise and Taxation Officer under the Sportsperson Punjab category. The court analyzed the definitions contained in the brochure of Punjab State Civil Services Combined Examination and the Rules regulating the recruitment of Sportsman to the State Civil Services. The court considered the certificates issued by the School Games Federation of India (SGFI) and their affiliation with the Indian Olympic Association (IOA) to determine the eligibility of the private respondents. The court also examined the instructions and policies issued by the Department of Sports and Youth Affairs to grant Sports Gradation Certificates. The court emphasized the purpose of the rules and instructions and the genuineness of the certificates issued by SGFI. The court concluded that the private respondents were eligible for appointment based on their achievements in sports at the national level during their school years, despite the SGFI not being affiliated with the IOA for a certain period.
Fact of the Case:
The petitioner sought to quash the merit list and appointment orders of the private respondents, claiming that they were ineligible for appointment under the Sportsperson Punjab category. The petitioner argued that the private respondents did not meet the eligibility criteria as per the Punjab Recruitment of Sportsmen Rules, 1988, and their certificates issued by the SGFI were not valid due to the lack of affiliation with the IOA. The private respondents had participated in national-level sports events during their school years and had been issued Sports Gradation Certificates by the SGFI.
Finding of the Court:
The court found that the private respondents were eligible for appointment based on their participation and achievements in sports at the national level during their school years. The court emphasized the purpose of the rules and instructions and the genuineness of the certificates issued by SGFI. The court concluded that the private respondents were rightfully appointed and their certificates were valid despite the SGFI not being affiliated with the IOA for a certain period.
Issues: The main issue was the eligibility of the private respondents for appointment under the Sportsperson Punjab category, based on their participation and achievements in sports at the national level during their school years and the validity of the certificates issued by the SGFI.
Ratio Decidendi: The court held that the private respondents were eligible for appointment based on their participation and achievements in sports at the national level during their school years. The court emphasized the purpose of the rules and instructions and the genuineness of the certificates issued by SGFI. The court concluded that the private respondents were rightfully appointed and their certificates were valid despite the SGFI not being affiliated with the IOA for a certain period.
Final Decision: The court dismissed the writ petition, upholding the appointment of the private respondents and validating their certificates issued by the SGFI for their participation and achievements in sports at the national level during their school years.
JUDGMENT :
G.S. SANDHAWALIA, J.
1. The petitioner in the present writ petition filed under Articles 226/227 of the Constitution of India seeks summoning of the records whereby respondent No.3 has been appointed to the post of PCS (Executive Branch) and respondent No.4 to the post of Excise and Taxation Officer. A writ of certiorari is prayed for quashing the merit list (P6) along with a writ of quo warranto for quashing the selection and appointment orders of the said respondents being ineligible as per the definition of Sportsperson given in the information brochure of Punjab State Civil Services Combined Competitive Examination (PCS), 2009. Thus quashing of the appointment orders after summoning the respondent is prayed for. Resultantly, a writ of mandamus for directing the official respondents to re-frame the merit list and declare the petitioner selected and to appoint him under the Sportsperson Punjab category for general candidates on the posts on which the private respondents No.3 & 4 have been appointed, is prayed for.
2. The above reliefs are claimed on the strength that the petitioner is B.Tech in Mechanical Engineering from Thapar University, Patiala (P1). On account of having represented Punjab in the 6th National Fencing Championship conducted by the Fencing Association of India (in short, the FAI), he had been awarded B-Grade certificate by the Sports Department, Punjab. The certificate in question would show that he had participated in the 6th National Fencing Championship which was held from 27.02.1993 to 01.03.1993 at Bhilwara (Rajasthan) under the auspices of FAI which was organized by the Rajasthan State Fencing Association and Bhilwara District Fencing Association. Resultantly, having secured the first position, he had been granted the 'B' Sports Gradation Certificate (P2 colly) on 23.06.1993. It is his case that FAI is a unit affiliated with the Indian Olympic Association (in short, 'IOA') (P3).
3. On account of advertisement issued on 26.11.2009 (P4), the State Government had advertised 143 posts of PCS (EB) and Allied Services which were subsequently increased to 180. Four posts were reserved for Sportsperson, Punjab out of which 2 were for General category candidate, one was for SC and one was for Balmiki/Mazhbi Sikh. As per the category-wise break-up one of the posts fell to the PCS (EB) whereas the other fell to the category of ETO (P5). On account of preliminary examination conducted on 19.12.2010, the result of which was declared on 23.12.2010, the petitioner had become eligible for written examination held from 16.09.2011 to 09.10.2011 and the result of which was declared on 27.04.2012, the petitioner became eligible for viva voce. He had received interview call from the office of Punjab Public Service Commission - respondent No.2 on 30.05.2012. The result was declared on 14.06.2012 and as per the category-wise merit list of Sportsmen for general category, the petitioner was shown at Sr.No.4 whereas private respondents No.3&4 were shown at Sr.No.1&2 respectively. Their gradation is as under:-
| Sr. No. | Roll No. | Name | Exam Marks | Viva Voce | Grand Total | %age | Merit |
| 1 | 1393 | Damanjit Singh Mann | 515.00 | 58.30 | 573.30 | 57.3300 | 1 |
| 2 | 2861 | Simrandeep Singh Brar | 477.00 | 68.00 | 545.00 | 54.5000 | 2 |
| 3 | 1421 | Deepinder Singh | 428.00 | 69.30 | 497.30 | 49.7300 | 3 |
| 4 | 1054 | Alamdeep Singh | 436.00 | 56.80 | 492.80 | 49.2800 | 4 |
| 5 | 2066 | Manavpreet Singh | 426.50 | 45.50 | 472.00 | 47.2000 | 5 |
| 6 | 1787 | Jagpreet Singh | 417.50 | 52.70 | 470.20 | 47.0200 | 6 |
4. On account of only 2 seats for General category, the private respondents being the first two candidates were offered and appointed as PCS (EB) and ETO. The information had been sought under the RTI and reply had also been received on 16.07.2012 (P7). Thereafter the sports certificate of t
