Pooja Sharma vs State Of H.P And Others

Category No.I,I,Medical winners of Olympic Games/Winter Olympics

,II,Commonwealth Games

,III,Medal winners of Asian Games/Winter Asiad.

Category No.II,I,Participation in Olympic Games

,II,Participation in Commonwealth Games

,III,Participation in Asian Games.

Category No.III,I,Medal winners in South Asian Federation (SAF) Games

,II,Medal winners in National Games

,III,Medal winners in recognized Senior National Championship

Category No.IV,I,Medal winners in All India Inter-Versity Sports Tournaments

,II,Medal winners in All India National School Games.

,III,Medal winners in recognized Jr. National Sports Championships

,IV,Participation in South Asian Federation (SAF) Games.

,V,"At least three times participation in National Championship and

Senior National Championship.

Championship only or in National Championship only. It also does not say that National Championship should not be Sub-Junior or Junior National,,

Championship. As a matter of fact, “National Championship†includes all kinds of National Championships unless excluded specifically. Thus,",,

Senior National Championship is also included in National Championship. But in relevant criteria both Senior National Championship and National,,

Championship, have been mentioned. Thus, it qualifies that sports person must have participated in Senior National Championship besides other",,

National Championships. It does not provide number of participation either in other National Championship or in Senior National Championship. It also,,

does not provide that the National Championship should not be Sub-Junior or Junior National Championship. Participation in any kind of National,,

Championship has to be considered to be a valid Championship in National Championship for the purpose of inclusion of name of sports person in the,,

category of outstanding sports person for employment in Government Departments/Boards/Corporations and Universities. The only qualification under,,

the relevant criteria is that the sports person in addition to National Championship must have participated in Senior National Championship also as,,

Senior National Championship is also National Championship but in the criteria, it has been specifically mentioned that sports person should have",,

participation in National Championship and Senior National Championship. It qualifies that in addition to participation in any kind of National,,

Championship, sports person must have at least one participation in Senior National Championship.",,

In view of aforesaid interpretation of Rules which is coming out of the criteria notified by the Government, petitioner is definitely falling in the",,

category IV, sub category V of outstanding sportsmen who are eligible to be considered against the post reserved for outstanding sports person.",,

Therefore, non-inclusion of the name of petitioner in the list of outstanding sports person eligible to be sponsored and considered for employment under",,

the quota reserved for outstanding sports person as unreasonable, irrational and arbitrary and this deserves to be interfered with by the Court.",,

Petitioner has also prayed for filling up the vacancies notified by the State on the basis of Recruitment and Promotion Rules prevalent at the time,,

when these posts had fallen vacant. In my considered opinion, this prayer is not tenable in the eye of law as posts are to be filled up on the basis of",,

Rule existing as on date when post(s) is advertised or notified for filling-up.,,

At the time of Notification of the vacancies, passing of Teachers Eligibility Test was a mandatory requirement to become eligible to be appointed",,

as Teachers in the schools. For passing TET, a candidate has to secure 60% marks. Earlier, petitioner had appeared in the TET examination and had",,

secured 84 marks out of 150 marks, which is 56% and thus as per existing norms, she had not qualified. But now, as recorded supra she has qualified",,

TET in 2014 by obtaining 91 marks out of 150 marks.,,

For having played three National Championship including one Senior National Championship, petitioner was entitled for sponsorship of her name to",,

the post of JBT. However, as a matter of fact, she had not qualified TET at the time of filing of petition, however, she has qualified TET in the year",,

2014 result whereof, as per photocopy of certificate produced by learned counsel, has been declared on 23.02.2015. Therefore, after February, 2015,",,

petitioner has become eligible to be appointed as JBT Teacher in all respect but for considering her not entitled to be sponsored as an outstanding,,

sports person, her name was not sponsored for appointment even after passing of TET examination. Vide order dated 21.09.2012, at the time of",,

entertaining the present petition, Division Bench of this Court has directed the respondents not to fill up one seat from 3% quota meant for outstanding",,

sports persons, therefore, as of now the said seat was and is available for appointment of the petitioner.",,

In view of above discussion, petitioner is held entitled to be enlisted amongst the outstanding sports person in the Department of Youth Sports",,

Himachal Pradesh for sponsoring her name under the category of outstanding sports person. Respondents No. 2, Secretary (Youth Services and",,

Sports) and respondent No. 3 Director, Youth Services and Sports are directed to take all necessary steps and action for inclusion of her name",,

amongst outstanding sports person in the Department of Youth Sports Himachal Pradesh for employment in the category IV Sub-Clause V of the,,

revised criteria notified by the Government for selection of outstanding sports person for employment under 3% reservations of sports person within,,

15 days of passing of the judgment. Respondents No. 2 and 3 are also directed to sponsor name of petitioner for employment as JBT Teacher in,,

Elementary Education Department on or before 31 st December, 2020 and Elementary Education, Department shall consider her name for",,

appointment under 3% quota meant for outstanding sports person against one seat directed by the Division Bench of this Court, not to be filled-up vide",,

order dated 21.09.2012, if she is otherwise found eligible for such appointment, on or before 31.01.2021.",,

Petitioner shall be considered to be in service as JBT w.e.f. 01.04.2015, a date after 23.02.2015 i.e. date of passing TET by her, for all",,

consequential benefits but except actual monetary benefits which shall be granted to her on notional basis w.e.f. 01.04.2015 till date of her actual,,

appointment.,,

In present case, petitioner has also prayed for issuing general direction to the respondent-State to give relaxation of 5% marks to the outstanding",,

sports person for qualifying TET. To support this prayer, petitioner has placed reliance upon the decision of the respondent-State communicated by the",,

Secretary, Elementary Education to Director, Elementary Education vide communication dated 24.04.2012 (Annexure P-9), whereby Government has",,

decided to give relaxation of 5% in minimum qualifying marks for qualifying TET to the candidates of the category of Schedule Caste/Schedule,,

Tribes/OBC and physically disabled.,,

Though, reliance placed upon by the petitioner on this decision of the Government, to support her claim for relaxation to sports persons of 5%",,

marks in minimum qualifying marks for passing TET, may be misconceived for the reason that an outstanding sports person cannot be considered",,

equivalent to a candidate of SC/ST/OBC or physically disabled category. Relaxation granted on the basis of social and physical disabilities cannot be a,,

basis for relaxation to sports persons. Sports persons cannot be equated with socially backward or physically disabled persons. However, candidates",,

belonging to the outstanding sports persons category itself belong to a distinct class for which they can claim relaxation as prayed. But, it is a matter of",,

policy, decision regarding which is to be taken by the Government.",,

In fact, sports is also an education and it cannot be extra curricular activity. For overall development and healthy life, sports activities are",,

necessary for a person. Considering the importance of sports in human life, the Government of India, recently has introduced ‘Khelo India",,

Programme’. This programme is stated to have been introduced to revive the sports culture in India at grass root level by building a strong,,

framework for all sports played in our country and establish India as a great sporting nation and under this programme Khelo India Youth Games were,,

also launched by the Hon’ble Prime Minister and it has been propagated that key objectives of Khelo India is to promote fitness across schools,",,

women and grass-root levels and to achieve this objective, Khelo India Youth Games is an event promoted by the Hon’ble Prime Minister and",,

Sports Minister with motive to make it understand that sports cannot be treated as an optional subject but it is an essential part of education which has,,

to be accepted by all.,,

It is a reality that overwhelming importance currently placed on marks and percentages has led to increasing self-isolation amongst young students,",,

who live in ‘little boxes’ of their own and are sucked into a mindless, test-oriented rat race to get ahead in life. Most people confuse sport with",,

either just the playing of it, or look at it as a subject to be taught in classrooms, out of text books. In fact, sports is much more than either of these two",,

things and it has to become a way of life to define and shape a young person what he can become. Sport also teaches people to take on-the-spot,,

decisions under pressure and work out success strategies in dynamically changing situations. Young people need to get used to this, because only",,

winners perform their best under pressure. Sport does this brilliantly, in training sessions and competitions and thereby, prepares participants for life",,

itself. In the planned and graded training processes of a sports team, one can easily discern the gradual erosion of selfishness and growth of teamwork",,

and self-discipline, and over the time, the emergence of the qualities of successful sportsmen intelligence, strength, stamina, courage, independence",,

and adaptability, the very same qualities that ensure success in other walks of life. It also automatically develops leadership skills and teaches man",,

management strategies, as young players try to keep their teammates focused and motivated, often in tough situations. Most importantly, sport equips",,

young people to handle failure. It teaches them to come back to the ground the next day, after a first ball duck the day before. Dealing with failure is",,

an imperative life skill that builds self-belief and mental strength. Sport teaches this every day and to balance winning and losing, which becomes a",,

habit for life. Athletes have to manage their time effectively. From their school days onward, they have to balance academic work and athletic",,

commitments, along with spending time with family and friends. And this often leads to athletes developing time management strategies and",,

techniques that translate well into the working world. Athletes are willing to make sacrifices to achieve a goal. They will give up time they would,,

rather spend relaxing in order to practice at off hours, pushing themselves to get better and to help their teammates get better as a whole.",,

Sports are essential part of life which is mandatory for healthy, happy and disciplined society, but it consumes time and the persons, who offers",,

themselves to be an outstanding sports person, have to spend major part of their life in the ground instead of living in little boxes to cram the bookish",,

knowledge and, therefore, definitely they are a separate distinct class than the other candidates aspiring employment in Government",,

Departments/Boards/ Corporations and Universities and thus deserves for special treatment.,,

In order to achieve the goal and fulfill the object of programmes of the Government like Khelo India and Fit India, it would be imperative for the",,

Government to provide relaxation in the minimum qualifying marks to the category of outstanding sports person also for passing TET. Recently, during",,

fitness India Dialogue 2020, Hon’ble Prime Minister by saying that ‘Fitness ki dose, aadha ghanta roz’ (a dose of fitness every day for half",,

an hour), has also urged all citizens of the country to take fitness and physical activity seriously, especially in these unprecedented times of a pandemic",,

by elucidating the significance of a healthy body and mind.,,

In the light of above discussion, respondent-State is also directed to consider the case for granting appropriate relaxation to the outstanding sports",,

persons who are entitled for appointment under 3% reservation for sports person, in minimum qualifying marks for passing TET and to take an",,

appropriate decision in this regard on or before 31st January, 2021.",,

The writ petition is disposed of in aforesaid terms. Pending application(s), if any, shall also stand disposed of.",,