STATE OF RAJASTHAN Vs. ALTAF HUSSAIN
LAWS(RAJ)-2021-2-87
HIGH COURT OF RAJASTHAN
Decided on February 19,2021

STATE OF RAJASTHAN Appellant
VERSUS
ALTAF HUSSAIN Respondents

JUDGEMENT

SANGEET LODHA,J. - (1.) These appeals are directed against orders dated 29.10.18 and 12.4.19 passed by the learned Single Judge of this Court in Writ Petition Nos. 14569/18 and 3615/19 respectively, whereby the writ petitions preferred by the respondents seeking directions to the appellants herein to accord them appointment on the post of Constable under the category of 'Outstanding Sports Persons' in accordance with the Explanation (iii) and (iv) to Rule 7C of the Rajasthan Police Subordinate Service Rules, 1989 (for short 'Rules of 1989'), have been allowed.
(2.) The facts relevant are that the respondents applied for recruitment on the post of Constable under the Outstanding Sports Persons category on the basis of their participation in the National School Games alleged to have been organized by School Games Federation of India. The respondents had participated in 61st National School Games, 2015-16 in the game Football U19 organized by School Games Federation of India recognized by Ministry of Youth Affairs and Sports, Government of India and Indian Olympic Association and Member of International School Sports Federation and were declared third position in the event.
(3.) Rule 7C of the Rules of 1989 provides for reservation of vacancies for Outstanding Sports Persons and the Explanation attached thereto, defines Outstanding Sports Persons, which may be beneficially quoted: '7C. Reservation of vacancies for outstanding sports persons:- Reservation of vacancies for outstanding sports persons shall be 2% of the total vacancies outside the purview of the commission in that year earmarked for direct recruitment. In the event of non availability of the eligible and suitable sportspersons in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure and such vacancies shall not be carried forward to the subsequent year. The reservation for sportspersons shall be treated as horizontal reservation and it shall be adjusted in the respective category to which the sportspersons belong. EXPLANATION: 'Outstanding sportspersons' shall mean and include the sportspersons belonging to the State, who:- (i) represented Indian Team in Individual or in Team event in any International Tournament of any Sports and Games, recognized by the Indian Olympic Association or concerned recognized National Sports Federation, or (ii) represented Indian Team in Individual or in Team event in any International Tournament of any Sports and Games, recognized by the Indian School Sport Federation or concerned recognized National School Games Federation; or (iii) Medal Winner in the Individual or in Team event in any National Tournament of any Sports and Games, recognized by the Indian Olympic Association or concerned recognized National Sports Federation; or (iv) Medal Winner in the All India Inter University Tournament in Individual event or in Team event in the any Sports and Games, recognized by Indian Universities Association.' ;


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