G R MOOLCHANDANI,J - (1.) Order 1. Heard learned counsel for the appellant.
(2.) The appellant relies upon Rajasthan Various Service (Amendment) Rules 2013 which amended the existing various service rules. Section 2 of the Amending Rules reads as under:- "2. Amendment- The existing rule as mentioned in column number 3 against each of the services rules mentioned in column number 2 of the Schedule given below, shall be substituted by the following, namely:- "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; (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; (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; (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."
(3.) Reliance is placed upon the Rule. The appellants claim to have participated in cycling events and obtained second or third position. The certificates relied upon are Annexures 5 to 9 along with the writ petition.;