Judgment

Mr. Arun Monga, J.

Petitioner herein, a decorated Ex-solider of Indian Army and an International Athlete, also won Bronze Medal for India in International Athletics competition (equivalent to Asian Games ) at Kuala Lumpur in year 2006, is before this Court seeking appointment on a government job on the basis of his sports achievements, as per government policy. He inter alia seeks issuance of a writ in the nature of certiorari to quash an order dated 28.04.2014 (Annexure P-16), whereby, though held eligible otherwise, but being over age has been denied employment on the basis of his Bronze medal/other achievements. The petitioner also further seeks quashing of orders dated 26.11.2018 (Annexure P-11), 09.01.2019 (Annexure P-13) and 18.06.2019 (Annexure P-17) passed by the respondents under the New Sports Policy called Haryana Outstanding Sportspersons (Recruitment and Conditions of Service) Rules, 2018. A writ in the nature of Mandamus has also been sought directing the respondents to consider the petitioner for an appointment in government department with effect from 28.04.2014, as per his entitlement, under the policy notified on 20.08.2013 (annexure P-6) with all consequential benefits of service, along with payment of interest to be calculated from the date of accrual till realization.

2. Petitioner participated in Far East and South Pacific (FESPIC) Games (for the disabled), Kuala Lumpur in year 2006, in para athletics. He won Bronze a medal. He represented India in the tournament, as a member of Haryana Team. Far East and South Pacific games were equivalent to Asian Para Olympic Games. From 2010 onwards, (FESPIC) Games were replaced by Asian Para Games. The inaugural of first Asian Para Games was held in 2010 in China. Certificate of petitioner having won Bronze Medal is appended as Annexure P-3. Apart from that, petitioner had been representing State of Haryana in different events at national level, wherein he invariably secured 2nd or 3rd place in various athletic events viz. Short Put, Discus Throw, Javelin Throw, etc. His achievement certificates in Para Athletics Championships from 2008 to 16 are appended collectively as Annexure P-5 (colly).

3. Petitioner asserts that he has not been given benefit of a notification dated 20.08.2013 (Annexure P-6) and his request to seek government job has been wrongly rejected. Petitioner is also aggrieved that his request/ application for appointment originally submitted in January, 2014 was kept pending and/or he was never informed of the rejection thereof. It was only for the first time when an information was sought under RTI by his co-villager that vide information dated 09.05.2019 (Annexure P-15), the factum of rejection of his application under new sports policy- 2018 ibid was disclosed to him vide information dated 09.05.2019 (Annexure P-19), whereas, the case of the petitioner was to be considered under the then applicable notification dated 20.08.2013 (Annexure P-6).

4. In fact, while issuing notice of motion in the writ petition, case of the petitioner was succinctly summed up by a co-ordinate Bench of this Court vide an order dated 09.09.2019. Before proceeding further, it would therefore be apposite to reproduced the same herein below:-

“Mr. Anurag Jain, learned counsel