SUDERSHAN MEHTA Vs. STATE

JUDGEMENT

(1.) BY this common judgment I propose to dispose of all the three petitions together. Whereas SSWPs 218 and 974 of 1993 were admitted to hearing on 13.12.1993 and 23.3.1994 respectively and are thus being finally disposed of. In SSWP No. 800/93, vide court order dated 12.5.94, the parties had agreed that this petition, even being without formally admitted to hearing be disposed of at the motion hearing stage. It also requires to be observed that despite order dated 20.12.1994 passed in SSWP No.800 of 1993 wherein respondents were directed to produce the original record before the court for consideration and despite the fact that other petitions were posted for final hearing, the respondents, particularly the State Government did not chose to produce any record whatsoever before the court for its perusal or consideration.

(2.) THE facts are very simple and wholly undisputed. The petitioners are all working as Sub -Inspectors in Jammu and Kashmir Police, having been appointed as such directly from time to time. Respondent Sanjay Sharma (arrayed as respondent No.6 in SSWP No. 218/ 93 and as respondent No.3 in the other two petitions) was also appointed as Sub -Inspector directly in Jammu and Kashmir Police. Admittedly, respondent Sanjay Sharma was appointed as Sub -Inspector at a point of time later than all the petitioners and, therefore, on the post of Sub -Inspector and in that grade, he was junior to the petitioners. Vide notification SRO 82 dated 7.4.1992, the Govt. of Jammu and Kashmir in exercise of powers conferred upon it by proviso to section 124 of the State Constitution etc. promulgated Jammu and Kashmir Government Employees {Appointments of outstanding sports personnel) Rules 1991 (1991 Rules for short). These rules were to come into force immediately on the issuance of the aforesaid notification. Even though the rules did not have any preamble, purportedly and ostensively these were issued to enable the Government to appoint outstanding sports persons in any department of the government against any vacancy in the non -gazetted cadre, notwithstanding any procedure or rules regulating such appointments in force to the contrary in any other government notification or order etc. "Outstanding Sports Persons" has been defined in the definition para of 1991 Rules and reads as under: - "(ii) "Outstanding Sports Persons", means (a) a person who has won first or second position in individual events or first position in team events in National or All India Inter -State Competitions (Senior Level officially recognised) in any of the games/sports mentioned in Annexure -I annexed to these rules; or (b) a person who has represented India at the Olympic games, Asian games or other officially recognized test matches and World Cup competitions in any of the games/ sports mentioned in Annexure -I annexed to these rules."

(3.) THE power to make appointment of an outstanding sports person in government services as observed above has been conferred upon the government under 1991 Rules in Rule -3 thereof which reads as under: - "3. Appointment by the Govemment: - Not -withstanding anything contained in the rules or orders for the time being in force regulating the procedure for appointment to any service under the Government, the Government may consider the appointment of any outstanding sports person at its sole discretion in any department against any vacancy in the non -gazetted cadre for which such sports person is otherwise eligible and qualified for such appointment subject to the conditions: - (i) that his eligibility has been certified by the. Sports Council; (ii) that he is fully qualified for the post under the relevant recruitment rules regulating that post."