SUMAN CHOUDHARY Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-1-45
HIGH COURT OF RAJASTHAN
Decided on January 23,2019

Suman Choudhary Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) This writ petition has been filed by the petitioner aggrieved against rejection of her candidature for the post of Teacher Gr.-III (Level-II) for subject Science-Maths in Non-TSP Area as Outstanding Sports Person. It is inter-alia contended that the petitioner applied for the post of Teacher Gr.-III (Level-II) for subject Science-Maths as Outstanding Sports Person based on the certificates (Annex.6), wherein the petitioner has participated in the National Level Tournaments and won a medal. The petitioner stood in merit, however, during the course of document verification, the petitioner was disqualified, inter-alia holding that the petitioner does not held the requisite certificate as an Outstanding Sports Person. It is submitted by learned counsel for the petitioner that the action of the respondents in rejecting the candidature of the petitioner is incorrect, inasmuch as, from the certificates (Annex.6), it is apparent that the petitioner holds the requisite eligibility and therefore, the action of the respondents deserves to be quashed and set-aside. I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.
(2.) The relevant stipulation in the advertisement dated 31.07.2018, for qualifying as Outstanding Sports Person for the purpose of availing the benefit of reservation, which has been relied on by learned counsel for the petitioner, reads as under :- "...Vernacular Text Omitted..." A perusal of the above condition reveals that the candidate was required to have participated in the National Tournament in individual or team event and have won a medal. The certificates produced by the petitioner as Annex.-6 indicates that in 2004, the petitioner participated in the Regional Sports Meet; in 2005-06 also she participated in the Regional Sports Meet; in the year 2007-08, she participated in the Regional Sports Meet and in the year 2006-07, the petitioner participated in the National Sports Meet, however, she did not secure any position in the event i.e. she did not win a medal.
(3.) As the three certificates produced by the petitioner only pertain to participation in the Regional Sports Meet and one certificate which pertains to National Sports Meet, the petitioner failed to win any medal and therefore, as per the stipulation of the advertisement as noticed above, the petitioner was not eligible to qualify as an Outstanding Sports Person and therefore, rejection of her candidature by the respondents cannot be faulted. In view of the above, there is no substance in the present writ petition, the same is, therefore, dismissed.;


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