Deepak vs State Of Haryana And Others

Jagmohan Bansal, J

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to consider him for Bhim Award for the financial year 2017-2018 and 2018-2019 as a Blind Sportsperson.

The petitioner claims that he is resident of State of Haryana. He is a blind sportsperson and has brought laurel to the State of Haryana as well as nation by sports achievements at national and international level. He applied for Bhim Award for the financial year 2017-2018 and 2018-2019, however, respondent rejected his request. The State has issued guidelines dated 19.11.2018 for Bhim Award. He has represented nation in many tournaments including World Cup Tournaments held in Dubai, Bangalore.

He was member of team which won Gold Medal in One Day International World Cup held in South Africa from 25.11.2014 to 09.12.2014. He was also team member which won T-20 Asia Cup Tournament for Blind held from 17.01.2016 to 24.01.2016 and 2nd T-20 World Cup for Blind held from 29.01.2017 to 12.02.2017. He has also participated in World Cup Tournament held in November’ 2018.

Learned counsel for the petitioner submits that respondent without any evidence has opined that petitioner did not participate in international level games on behalf of State of Haryana. He has participated not only in international level games but also national level games. He always represented State of Haryana. He did not represent any other State or Union Territory.

Per contra, learned State counsel submits that petitioner was considered for Bhim Award 2017-2018 as well as 2018-2019. It was found that he has not represented Haryana, thus, cannot be adorned with Bhim Award. A Committee comprising eight members considered objections of many applicants. The petitioner was one of them. His claim was found to be rightly rejected on the ground that there is no proof of participation from Haryana.

On being asked, learned State counsel expressed his inability to controvert that there is no evidence disclosing that petitioner ever represented any other State except State of Haryana. He further concedes that certificates disclosing participation in national level tournaments have not been considered.

Heard learned counsel for the parties and perused the record.

This Court cannot return findings to the effect that petitioner represented State of Haryana or any State/Union Territory in international and national games. The petitioner is required to furnish evidence before authorities which are duty bound to consider his claim. It is not difficult to find out whether petitioner represented State of Haryana in international games or not. The respondent can collect information from the concerned federation.

In the backdrop, this Court deems it appropriate to direct Director, Department of Sports and Youth Affairs, Panchkula to re-look into the matter and pass an appropriate order. The petitioner shall be granted opportunity of hearing. He is at liberty to submit requisite documents. The respondent shall not attempt to shift burden upon petitioner whereas would endeavour to bring on record actual facts and figures. Let the needful be done within three months from today.

Petition stands disposed of.

Pending Misc. application(s), if any, shall stand disposed of.