- (1.) ALL these writ petitions have been filed by the petitioners with the prayer that respondents be directed to give them appointment in the quota of Sports Person. Appointments are being sought on the post of Constable against the vacancies advertised issued by the Director General of Police Rajasthan, Police, respondent No.2 vide notification dated 14/10/2010 (Ann.1). Petitioners participated in the process of selection.
(2.) LEARNED counsel for the petitioners argued that that petitioner-Suhail Panjetan is National Level Player/sportsman of Hand Ball and he won many medals and all other petitioners are National Level Players/sportsman of Kabaddi. Petitioner-Sanjoo Verma has represented the country in International Kabaddi Team, which has also won Dubai Kabaddi Championship. Petitioners apprehend that due to faulty policy of the respondents, genuine candidates like them may not be able to get appointment although in clause (3)(viii), 2% of the posts have been reserved for such sports persons, who have shown exemplary performance in the respective games according to the Circular issued by the Department of Personnel, Government of Rajasthan dated 23/9/1997. However, a rider has been put that this special reservation may be adjusted within the quota of SC/ST/OBC and SBC etc. On consideration of the arguments and perusal of the aforesaid condition in clause (3)(viii) of the advertisement, I find that respondents have already given 2% reservation to such outstanding candidates, who have shown exemplary performance in the respective games. This kind of reservation is horizontal reservation, which would have to be adjusted within reservation otherwise provided to SC/ST/OBC and SBC etc. In other words, any sports persons selected in the quota of 2% shall have to be adjusted in each of their respective category so that quota of reservation in the category he/she belongs does not exceed the prescribed limit. Similarly, if 2% reservation is given against general seat, that will also be in conformity of law because one cannot be proceed on the assumption that outstanding players would not be available in general category and such candidates would have to be appointed only from the reserved category. With this clarification, I require petitioners to make suitable respective representation to the Director General of Police Rajasthan ? respondent No.2 along with their credentials of certificates / medals regarding their exemplary performance in the respective game, which he shall have examined through their recruitment cell. Director General of Police Rajasthan shall ensure that candidates, who are having genuine outstanding performance in the field of sports to their credit, are encouraged and receive a fair and proper treatment. Writ petitions are accordingly disposed of with the aforesaid clarification.;