HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 4587/2022

Bhavishya Sharma S/o Shri Kishan Kumar Sharma, Aged About

19 Years, R/o Backside Of Badi Eidgah, Brahm Bagechi Ke

Samne, Dharm Nagar Dwaar, Bikaner (Raj.).

----Petitioner

Versus

1.

State Of Rajasthan, Through Principal Secretary,

Agriculture And Horticulture Department, Secretariat,

Jaipur (Raj.).

2.

Rajasthan Subordinate And Ministerial Service Selection

Board, Through Chairman, Rajasthan Agriculture

Management Institution Campus, Durgapura, Jaipur

(Raj.).

----Respondents

For Petitioner(s)

:

Mr. Nitin Prakash Trivedi.

For Respondent(s)

:

Mr. Mahesh Chandra Bishnoi.

Mr. Manvendra Singh Bhati.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

27/07/2022

This writ petition has been filed by the petitioner seeking a

direction to the respondents to consider the candidature of the

petitioner for recruitment to the post of Agriculture Supervisor in

Sportsperson Quota, appoint the petitioner on the said post with

all consequential benefits.

It is inter alia indicated in the petition that pursuant to the

advertisement dated 5/2/2021 (Annex.4) the petitioner applied for

the post of Agriculture Supervisor; in the application form the

petitioner indicated having participated in a tournament organized

(2 of 7)

[CW-4587/2022]

by the School Games Federation of India in the year 2015 and

sought consideration of his candidature against the quota meant

for Outstanding Sportsperson.

The advertisement dated 5/2/2021 was amended by another

advertisement dated 5/7/2021, enhancing the quota for

Outstanding Sportsperson from 16 to 40 as the total number of

seats were enhanced from 842 to 2121. After written exam was

held, list of candidates who were called for document verification

was published on 30/11/2021, wherein, the candidates twice the

number of posts were called. The petitioner appeared for

document verification and filled up the form (Annex.8) and

produced certificate pertaining to Outstanding Sportsperson

(Annex.10).

Thereafter, a list was published by the respondent Board on

14/2/2022 (Annex.11) indicating the deficiencies in various forms

after document verification, however, qua petitioner no such

deficiency was pointed out.

In the list of selected candidates issued by the respondent

Board dated 7/3/2022 (Annex.12), though the marks obtained by

the petitioner were higher than the cut off meant for Outstanding

Sportsperson, his roll number did not appear in the list of selected

candidates. The petitioner made a representation on 8/3/3022 to

the respondent Board. On 10/3/2022 (Annex.15) the petitioner

made another representation indicating that he had produced the

certificate pertaining to the games organized by the School Games

Federation of India, based on which he was not included in the list

of selected candidates and that he has participated in one more

National Championship and produced a certificate in this regard

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[CW-4587/2022]

(Annex.16) and prayed that his candidature may be considered

against the quota of Outstanding Sportsperson, however, when

the same was not considered, the present petition has been filed.

Learned counsel for the petitioner made submissions that

action of the respondent Board in not considering the candidature

of the petitioner against the Outstanding Sportsperson quota is

not justified inasmuch as the petitioner, based on the certificate

now produced by him, is clearly entitled for the same and,

therefore, the action of the respondents in denying the

consideration to the petitioner is not justified.

Submissions have been made that if the certificate

(Annex.10) produced by the petitioner regarding his participation

in the games organized by the School Games Federation of India

did not make him eligible for consideration against the quota

meant for Outstanding Sportsperson, in the list dated 14/2/2022

(