IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ANAND SHARMA, J.
Nitesh Choudhary S/o Shri Narendra Singh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 4380 of 2025
Decided On : 13-03-2026
JUDGMENT :
ANAND SHARMA, J.
1. Petitioner has filed this writ petition with following prayers:
"It is, therefore, humbly prayed that your Lordships may graciously be pleased to accept and allow this writ petition with costs and further be pleased to direct the respondents to bring the entire record and to the following effect:
i) Issue an appropriate writ order or direction the action of the respondents while not declaring the cut off marks for the Outstanding Sports Person be declared bad and illegal and respondents be directed to declare cut off marks for Outstanding Sports Person and offer appointment to the petitioner in aforementioned category with all consequential benefits.
ii) Issue an appropriate writ order or direction the action of the respondents while not considering the candidature of the petitioner under the Outstanding Sports Person be declared bad and illegal and respondents be directed to consider the candidature of the petitioner as Outstanding Sports Person and after such consideration he may be offered appointment on the post of Nursing Officer in urethane of advertisement dated 05.05.2023 with all consequential benefits.
iii) If any adverse order is passed against the petitioner during the pendency of the writ petition, same may be taken on record and same may be quashed and set aside.
iv) Any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. At the outset, learned counsel for the petitioner submits that at the time, when the writ petition was filed by the petitioner, he was under apprehension that the respondents would not consider any of the candidates in 'Outstanding Sports Person' Category. However, during the pendency of the writ petition, although respondents have considered the candidates for recruitment in the category of 'Outstanding Sports Person' also, yet the petitioner has not been considered only for the reason that the certificate possessed by the petitioner for securing gold medal in Athletics in an event namely All India Athletics and TAA Sports Championship 2018 organized by Taken Aback Association of India has not been considered to be a recognized certificate as per prescribed norms given in the advertisement. Learned counsel submits that the guidelines for considering candidature of a candidate in 'Outstanding Sports Person' category cannot be construed in narrow manner and the sole object of notification dated 21.11.2019, whereby RPSC Rules were amended and clear guidelines were given for defining the expression 'Outstanding Sports Person', clearly reflects that the purpose is to promote and support a candidate who, due to belonging to State of Rajasthan, has represented in national/international events and has also secured some position. Learned counsel submits that as per notification dated 21.11.2019, a medal winner in the individual or in team event in any national tournament/championship of any sports and game, organized by the Indian Olympic Association or its affiliated National Sports Federation (N.S.F.) is considered to be a valid criteria for consideration of the candidate in the category of 'Outstanding Sports Person', however, even if a body is not specifically recognized by Indian Olympic Association, yet is recognized by the Ministry of Youth Affairs and Sports of Government of India can also be considered to be a valid qualification for being considered in the category of 'Outstanding Sports Person'.
3. Learned counsel for the petitioner relies upon the judgment dated 01.08.2025 passed by Division Bench of this Court at Principle Seat, Jodhpur in D.B. Special Appeal (Writ) No. 111/2025 (Garvit Vyas Vs. State of Rajasthan & Ors.) in order to support his contention that where any body is duly recognized even by Ministry of Youth Affairs and Sports, certificate issued by such body is considered as recognized for the purpose of treating a candidate in the category of 'Outstanding Sports Person'.
4. Le
Fulfillment of the parameters as laid down in the advertisement and lack of rejection of the petitioner's candidature on the ground raised by the respondents influenced the court's decision.
when a candidate has been offered appointment on the basis of one of many certificates and then, he has served the respondents for two years, the respondents are required to take a bit liberal view, ....
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