Neelam vs State Of Himachal Pradesh & Others

,,

Ajay Mohan Goel, J",,

CMP No.6516 of 2021,,

Notice. Learned Additional Advocate General, accepts notice on behalf of the non-applicants.",,

By way of this application, a prayer has been made to place on record the Matriculation Certificate of the petitioner, which stands appended with the",,

petition as Annexure-X as well as abstract of the copy of the Advertisement dated 19.12.2018, which is annexed with the application as Annexure-Y.",,

Learned Senior Counsel for the applicant/ petitioner submits that in case the application is allowed and these documents are ordered to be taken on,,

record, they will facilitate the adjudication of the case.",,

Learned Additional Advocate General submits that he has no objection in case the application is allowed and the documents appended therewith are,,

ordered to be taken on record. Accordingly, this application is allowed and the documents appended with the same are ordered to be taken on record,",,

which shall be treated as part of the pleadings.,,

CWP No.492 of 2021,,

Brief facts necessary for the adjudication of the present petition are as under:-,,

According to the petitioner, she completed her graduation in the year 2018 and in the course of her college years, was selected to represent the State",,

of Himachal Pradesh in the Inter- University Kabaddi Championship, which took place in New Delhi in the year 2017. The team, of which the",,

petitioner was a part, won Bronze Medal in the said Inter-University Championship, as is evident from Annexure P-1, appended alongwith the petition.",,

She was again selected to represent Himachal Pradesh University in the year 2018 and the team again won a Bronze Medal in All India Inter,,

University Kabaddi Tournament held in M.D. Rohtak, as is evident from Annexure P-2. The petitioner was also selected for Himachal Pradesh State",,

Kabaddi team and represented the State in the 66th Senior National Kabaddi Championship, held at Patliputra Sports Complex, Patna and the team",,

won a Bronze Medal. Copy of the Certificate of merit awarded to the petitioner is evident from Annexure P-3. The State of Himachal Pradesh has,,

taken a policy decision to provide 3% reservation to distinguished sports persons in the post/services to be filled up by way of direct recruitment. This,,

reservation is provided in the course of direct recruitment to Class-III and Class-IV categories in all the Government Departments, Boards,",,

Corporation etc. The Department of Youth Services and Sports Himachal Pradesh has also framed Rules of employment cell for distinguished sports,,

persons (Annexure P-5). These Rules were amended vide Annexure P-6 to some extent, as per notification, dated 10.02.2011. In terms of the Rules,",,

the Department of Youth Services and Sports set up a sports person employment cell, which maintains a live register with respect to the eligibility of",,

sports persons for the purpose of appointment. The Recruiting Department sends a requisition to the Department of Youth Services and Sports for,,

sponsoring the names as per vacancies from the live register according to priority. Thereafter, the Requisitioning Department recruits the person",,

whose name has been sponsored. The sport of Kabaddi finds mention at serial No.21 of Annexure-A of the Rules/Scheme framed by the department,,

concerned and medal winners in recognized Senior National Championship (Women) fall in the Category-III of the same.,,

Further, as per the petitioner, respondent No.2 sent a requisition to respondent No.3 to sponsor the names of the distinguished sports persons",,

(women) in the sport of Kabaddi, for the post of Sub-Inspector of Police on regular basis and in response thereto, the name of the petitioner was also",,

sponsored by respondent No.3 for the post in issue vide communication, dated 07.10.2020, appended with the petition as Annexure P-7. In terms of",,

the same, the name of the petitioner was sponsored in Category-III. After the recommendation, nothing was done by the Requisitioning Department",,

for about two months. Thereafter, vide Annexure P-8, dated 10.12.2020, respondent No.2 wrote to respondent No.3 to sponsor the name of a General",,

Category candidate for the post in issue on the plea that as the post of Sub-Inspector (Women) from amongst sports persons quota was to be fulfilled,,

from General Category candidates, whereas the petitioner belonged to Schedule Caste Category.",,

According to the petitioner, issuance of Annexure P-8 by respondent No.3 is arbitrary and not sustainable in law in view of the fact that the",,

reservation provided for sports persons is Horizontal reservation and not-considering the name of the petitioner for the post in issue against the quota,,

of sports persons simply on the ground that petitioner belongs to Schedule Caste Category, is not sustainable in law as the petitioner has a right to be",,

appointed against the post in issue in her capacity as a sports person, if she fulfills the requisite eligibility criteria. It is in this background, that the",,

petition has been filed by the petitioner, inter alia, praying for quashing of impugned communication, dated 07.10.2020 (Annexure P-7) and with further",,

prayer for issuance of direction to the respondents to implement the recommendation made by respondent No.3, dated 07.10.2020 (Annexure P-7) and",,

issuance of a writ of mandamus to the respondents to issue an appointment order in favour of the petitioner against the post of Sub-Inspector of,,

Police.,,

Reply to the petition has been filed by respondents No.1 and 3, in which their stand is that as far as respondent No.3 is concerned, it has to sponsor",,

the name of sports person to the Requisitioning Agency, which was done in the present case also and as and when requisition is received from any",,

department, the name of eligible sports person is sponsored on the basis of sports merit and not category wise as no such record is maintained by the",,

department.,,

A separate reply has been filed on behalf of respondent No.2, though it is reflected to be reply filed on behalf of respondents No.1 and 2. The stand",,

of respondent No.2 in the reply, as is evident from the averments made in the preliminary submissions is that the requisition sent to respondent No.2",,

was with the request to sponsor the name from general category, because as per the roster, two posts falling in the share of sports persons were",,

‘reserved for general category’. Yet the name of the petitioner was sponsored by respondent No.3, who was from Schedule Caste category. It",,

is further the stand of said respondent that the petitioner had completed her Bachelor of Arts (BA-Honours) Degree Programme in June, 2018,",,

whereas the eligibility was required to be fulfilled by the candidate concerned for the post of Sub-Inspector (Women) of Police as on 01.01.2018. It is,,

on these grounds that the petition is opposed by respondent No.2.,,

I have heard learned counsel for the parties and have also gone through the pleadings.,,

Today, vide a miscellaneous application, the matriculation certificate of the petitioner as well as relevant extract of the Advertisement in issue have",,

been ordered to be taken on record.,,

The post in issue was advertised by the Himachal Pradesh Staff Selection Commission, Hamirpur, District Hamirpur, H.P. vide Advertisement",,

No.34-2/2018, dated 19.12.2018. As per the Advertisement, the opening date of submission of online recruitment application form was 23.12.2018.",,

The closing date for submission of the same was 22.01.2019.,,

Police Sub

Inspector of Police

(on regular basis)

Rs.10300-34800+

4600GP",729,"Gen (UR)-14, Gen. (BPL)-

03, SC (UR)-06, SC (BPL)-

01, SC (WFF)-01, ST (UR)-

02, OBC (UR)-05, OBC

(BPL)-01

Age: 21 to 26 years

petitioner as from the date of appointment of Ms. Khila Devi, but other benefits shall be notional as up to the date of passing of this judgment. It is",,

clarified that inter se seniority of Ms. Khila Devi and the petitioner shall be in terms of their inter se merit as determined by the department.,,

The petition stands disposed of in the above terms, so also pending miscellaneous applications, if any. Interim Order, if any, stands vacated.",,