HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 2249 / 2018

Madhav Singh Mehru S/o Karni Dan Mehru, Aged About 41 Years,

R/o House No. 206, Gali No. 5, B.J.S. Colony, Jodhpur. (Rajasthan)

----Petitioner

Versus

1. State of Rajasthan Through Principal Secretary, Department of

Education, Govt. of Rajasthan, Jaipur.

2. Secretary, Rajasthan Public Service Commission, Ajmer

(Rajasthan)

----Respondents

_____________________________________________________

For Petitioner(s) :

Mr. Kan Singh Oad

For Respondent(s) :

Mr. BL Bhati

Mr. Khet Singh

_____________________________________________________

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

17/02/2018

1.

This writ petition has been preferred with the following

prayers:

“1. By an appropriate writ, order or direction, the

respondents may be directed to consider the

petitioner’s candidature under the reserved category

of sports-person in the recruitment process for the

posts of Teacher Grade-III in pursuance of the

advertisement dated 13.07.2016 being conducted by

the respondent-RPSC and accordingly the petitioner

may be given appointment on the post of Teacher

Grade-II as per his merit in his respective category of

Sportsperson.

2. Any other appropriate writ, order or direction which

this Hon’ble Court deems just and proper may kindly

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be passed in favour of the petitioner.”

2.

Learned counsel for the petitioner has stated that the

petitioner was participating for the recruitment to the post of

Teacher Grade-II vide advertisement / corrigendum issued on

24.08.2017.

3.

Learned counsel for the petitioner, at the outset,

submits that the petitioner has participated in Rajasthan State

Senior Athletic Championship Ajmer and thus, comes under the

category of sports person and the 2% reservation to the sports-

person in direct recruitment to Government posts should have

been given.

4.

Learned counsel for the respondent states that the

controversy is squarely covered by the judgment passed by a

coordinate Bench of this Court in Sunil Bishnoi Vs. State & Ors.

(Civil Writ Petition No.9779/2014) decided on 10.08.2016.

The judgment reads as under :-

“By way of this writ petition, the petitioner Sunil

Bishnoi has approached this Court challenging the

action of the respondents in not applying 2%

reservation for Outstanding Sportsperson while

making recruitment on the post of PTI Grade-II

pursuant to the recruitment notification dated

18.09.2013.

Learned counsel for the petitioner contends that as

per the notification dated 15.03.2013 issued by the

Government of Rajasthan, in every process of direct

recruitment, it is essential for the concerned

recruiting body to reserve 2% of the total vacancies

for Outstanding Sportsperson. He urges that

admittedly, while issuing the recruitment notification

and the distribution of vacancies by way of the

corrigendum dated 02.09.2014, the respondent RPSC

did not provide for such reservation in the vacancies

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advertised for the post of PTI Grade-II and therefore,

the entire recruitment process is bad in the eye of

law.

Shri B.L. Bhati, learned Government Counsel, urged

that as per the notification dated 15.02.2013, 2%

reservation for the Outstanding Sportsperson is only

to be applied for the vacancies which are outside the

purview of Commission. He urges that the Grade Pay

of a PTI Grade II is Rs.4200/- per month and

therefore, the recruitment to such post is exclusively

within the purview of the RPSC and consequently, the

benefit of 2% reservation for Outstanding

Sportsperson under the notification dated 15.03.2013

was rightly not applied while issuing the questioned

recruitment notification as well as the corrigendum

dated 02.09.2014. He thus