IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of order 28.04.2026 STATE OF HARYANA AND ANOTHER ....Appellants Vs.

SURYA SANGWAN ....Respondent CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. Nitin Kaushal, Addl. Advocate General, Haryana, and Mr. Saurabh Mohunta, DAG, Haryana for the appellants.

Mr. Nazmi Waziri, Senior Advocate (through Video Conferencing)

Mr. Gurmandeep Singh Sullar, Advocate Mr. R.A. Iyar, Advocate Ms. Devaki Anand Sullar, Advocate Mr. Harmesh Kumar, Advocate for the respondent.

****

ROHIT KAPOOR, J. (Oral)

The present appeal filed under clause X of the Letters Patent is directed against the judgment and order dated 29.07.2025 passed by the learned Single Judge in CWP-31692-2024, whereby the writ petition filed by the respondent-petitioner has been allowed and the rejection of her claim by the appellants for appointment to the post of Junior Coach (OSP) vide order dated

08.11.2023 (Annexure P-9), has been set aside.

2. The facts involved lie in a narrow compass.

3. The State of Haryana framed the Haryana Outstanding Sportspersons (Group A, B and C) Service Rules, 2021 (for short ‘the 2021 Rules’ or ‘Rules’) in exercise of its powers conferred by the proviso to Article 309 of the Constitution of India, for regulating the recruitment and conditions of service of persons appointed to Haryana Sportspersons (Group A, B and C) service. The stated intent for the enactment of the Rules was to bring objectivity and transparency in the assessment of the worth and suitability of outstanding sportspersons (for short ‘OSP’) in the matter of providing Government employment. The respondent who is an eminent sports person in Netball, applied for the post of Junior Coach (OSP) under the 2021 Rules, by submitting an application dated 25.01.2023 on the prescribed form, which was duly diarized on 30.01.2023. The respondent based her claim for the post upon her achievement in the 36^th National Games, organized by the Indian Olympic Association in September, 2022, where she played more than 75% of the matches and while representing the State of Haryana, her team won the Gold medal. Apart from winning the above- mentioned gold medal, the respondent-petitioner consistently won gold medals at National Netball Championships held since 2018 to 2022 (except for winning Silver medal in 2019) and also represented the Republic of India in the Asian Netball Championships held in Singapore in 2022.

4. The appellants vide a letter dated 30.01.2023 sought the original certificate in proof of the Gold medal won by the respondent in the National Games, 2022, which was duly provided. Despite the fact that the factum of the respondent having won the gold medal at the 36^th National Games in the discipline of Netball was duly verified, yet the appellants kept on delaying the matter on one pretext or the other. In response to a query under the Right to Information Act, respondent-petitioner was informed that out of a total of 250 vacancies, 166 posts of Junior Coach (OSP) were lying vacant. As no action was being taken, the respondent was constrained to lodge a complaint at the CM Window and also serve legal notices upon the appellants.

5. It transpires that the application of the respondent was rejected vide order dated 08.11.2023 (Annexure P-9) on the ground that she has been found ineligible due to non-fulfilment of the essential condition laid down under Rule 4(c)(ii) of the 2021 Rules, requiring representation of India in any sports tournament mentioned in Schedule I and II. Aggrieved therefrom, the respondent filed a petition under Article 32 of the Constitution of India before the Supreme Court of India. In the response filed by the appellants, although a stand was taken that the respondent is ineligible for the post in terms of the statutory Rules, however it was conceded that certain similarly situated sports persons had been given appointment on various posts. Terming such appointments to b