Jaishree Thakur, J. - (1.) The present writ petition has been filed under Article 226 of the Constitution of India for seeking an issuance of a direction to the respondents to consider case of the petitioner for appointment to the post of Nurse Grade -II in the category of "outstanding sports -man" in accordance with the amended Rule 7 -C Rajasthan Medical and Health Subordinate Services Rules, 1965.
(2.) The petitioner completed three years' Diploma Course of General Nursing & Midwifery (GNM) in the year 2012 and thereafter got himself registered with the Rajasthan Nursing Council, Jaipur. The petitioner belongs to Other Backward Class Category and a competent authority has issued him OBC Certificate. An advertisement dated 19.2.2013 came to be issued for appointment on the post of Nurse Grade -II as per Rajasthan Medical and Health Subordinate Services Rules, 1965 (for short 'the Rules of 1965")the Rules of 1965. As per the advertisement, two percent horizontal reservation has been provided for outstanding sportsperson who belong to Rajasthan State and have participated in games recognized by the International Olympic Committee and Indian Olympic Federation. The petitioner applied in the category of outstanding sportsman having participated and played a game, namely, Sepaktakrow in various championships sponsored by the State and National Sports Federation and had secured merit position in said championships.
(3.) Unamended Rule 7 -C of the Rules of 1965 provided for outstanding sportspersons who belong to the State of Rajasthan and have participated in the games recognized by the International Olympic Committee and Indian Olympic Federation. It further provided that such sportsperson should have participated in Asian Games or Asian Championships, Common wealth Games, World Championships, world level Inter University Tournaments, SAARC Games or Olympic games in Chess, Badminton, Cricket or tennis, as the representatives of Indian team and to have secured first, second or third rank in individual item or in team competition. Rule 7 -C came to be amended vide Notification dated 15.3.2013, which reads as under: - - "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 sports persons 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 recognised National Sports Federation; Or (ii) Represented Indian Team in individual or in Team event in any international or in Team event in any international Tournament of any Sports and Games, recognised by the Indian School Sports Federation or concerned recognised National School Games Federation; Or (iii) Medal Winner in the individual or in Team event in any National Tournament of any Sports and Games, recognised by the Indian Olympic Association or concerned recognised 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, recognised by Indian Universities Association.";