Eligibility criteria for sports quotas cannot impose higher marks than those required for social categories.

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

“.... to issue a writ or order or direction more particularly in the nature of a WRIT of MANDAMUS declaring the impugned action of Respondents in denying selection of the Petitioner to the post of Panchayat Secretary (VI) Digital Assistant, notified in Notification No.2/2019, dated 26.07.2019, inspite of the selection of the Petitioner under Sports Quota, by relying on Clause X of G.O.Ms.No.74, Youth Advancement, Tourism & Culture (Sports) Department, 09.08.2012, which is not applicable, though the Petitioner is entitled for appointment under Clause-II of said G.O.Ms.No.74, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India , apart from contrary to the provisions of G.OMs.No.74, and pass such other order or orders.”

2. The case of the Petitioner, in brief, is as follows:

a) Petitioner hails from poor Scheduled Caste Community and he completed B.Tech in Information Technology and M.Tech in Computer Science and also Masters in Business Administration through Jawaharlal Nehru Technological University, Kakinada. Petitioner is a meritorious sports person having participated in tournaments which is mentioned as below:

(i) Volley Ball - Zonal Inter University Competition.

(ii) Soft Ball All Indian Inter University Tournament during 2011 & 2012.

(iii) Soft Ball All Indian Inter University Tournament during 2012 & 2013.

(iv) Soft Ball during 2013 All Indian Inter University Tournament.

(v) Soft Ball All Indian Inter University Tournament during 2015 & 2016.

b) Petitioner was selected and represented the Jawaharlal Nehru Technological University, Kakinada in All India Inter-University Competitions, as well as Zonal Inter-University Tournaments. With this Academic and Sports background, the Petitioner appeared for selection to the post of Panchayat Secretary (VI) Digital Assistant, notified in Notification No. 2/2019, dated 26.07.2019, issued by Respondent No.2.

c) The Petitioner attended the Written Test held on 01.09.2019, with Hall Ticket No. 190709010373 and based on the marks secured by him, the Petitioner was called for verification of documents, through Call Letter No. DSC/107/9/190709010373, dated 02.11.2019, held on 03.11.2019 and when the Petitioner attended for verification, the Respondents, for the first time, informed the Petitioner that he cannot be considered under Sports Quota, under Clause-X in G.O.Ms. No. 74, Youth Advancement, Tourism & Culture (Sports) Department, dated 09.08.2012, which states as follows:

“Participation at higher level shall be considered only when it is supported by winning Medals at the lower level"

d) The very same G.O. under Clause-II, which is mentioned below, entitles the Petitioner for availing 2% Sports quota reservation.

"The performance of the individual having obtained Medals/ Participation in disciplines for deciding a meritorious sports person, against two percent (2%) sports quota as mentioned in Annexure-II to this order, shall be the criterion, keeping in view the participation in recognized sports disciplines as per Annexure-I to this order, or as may be revised by the Government from time to time.”

e) The recognized sports disciplines for 2% reservation are enlisted under Annexure-I, in which "Soft Ball" has been recognized as Sl.No.28 and further the same Clause-II prescribes that Medals / Participations for deciding a meritorious sports person as indicated in Annexure-II, consists of "Participation in the All India Inter-University Tournament" at Sl.No. 45 and again at "Participation in Zonal Inter University Championship" at Sl.No. 51.

f) As the Petitioner participated in All India Inter-University Tournament, as well as Zona