AMIT CHAUDHARY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The neat question which arises for consideration and determination in the present writ petition is whether Body Building is one of the species of the generic expression 'Gymnastics', which undoubtedly is recognized as sports/ games. This controversy has travelled upto this Court in the following circumstances : The State Government had taken a policy decision by issuing a Government Order No. 01/6-PU-10-98 dated 2.1.1999, a copy of which is Annexure-2 to the writ petition and C.A. 2 to the counter-affidavit, whereby 2 per cent of the vacancies in the recruitment year for the post of Sub-Inspector in Civil Police/Platoon Commander in P.A.C.. were to be filled by direct recruitment who have excelled in the field of sports. Pursuant to this G. O. an advertisement, Annexure-1, was made inviting applications from sportsmen of superlative category for interview/trial/selection. The petitioner. Amit Chaudhary, who admittedly is Body Builder of national repute having been awarded the title of 'Mr. India' and a number of other meritorious awards and recognitions, applied for the post. To his misfortune, his application was not taken for consideration as he was not considered to fall within the category of 'sportsman'. The decision of the departmental authorities obviously irked the Body Builders and their Association agitated, as it was, espoused the cause of the petitioner by approaching the departmental authorities as well as the Governor of the State. It was maintained that if a Body Builder is not considered to be a 'sportsman' as has been done by the departmental authorities, the decision is likely to bring down the morale of the Body Builders and will mar their future prospects. The Special Secretary to Governor of Uttar Pradesh addressed a letter dated 15.7.1999 to the Director General of Police, Lucknow, a copy of which is Annexure-5 to the writ petition, forwarding therewith a copy of the representation made by the Association. (Annexure-4). It appears that the departmental authorities did not change their stand and instead wrote to the Principal Secretary, Home. U. P. Shashan Lucknow on 29.7.1999 by addressing a letter, a copy of which is Annexure-C. A. 3 with the request that the G. O. dated 2.1.1999 be amended so as to exclude Cricket, Table Tennis, Tennis. Cycling, Body Building, Rifle shooting, Khokho and Golf from the expression sports/games. No decision, it appears has been taken by the State Government as yet, in the matter. By means of this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to the respondents to hold selection of the petitioner for appointment to the post of Sub-Inspector, in pursuance of the advertisement dated 20.4.1999. Annexure-1 and the G. O. dated 2.1.1991, Annexure-2 to the writ petition in the sports quota.

(2.) Counter and rejoinder-affidavits have been exchanged and with the consent of the learned counsel for the parlies, this writ petition is being finally disposed of under the Rules of the Court, at this stage.

(3.) Sri Ranveer Singh. Assistant Commandant (Dy. Superintendent of Police). 35 Bn. P.A.C.. Lucknow, who is attached in the office of D.I.G.. P.A.C. Lucknow and is also working as Sports Officer U. P. Police has filed a counter-affidavit and also appeared before this Court to support the stand of the department. The stand taken in the counter-affidavit is that though there are 20 disciplines in games and sports. In which recruitment could be made in the light of the G. O., the U. P. Police/P.A.C. Recruitment Board has decided that the candidates falling only in 12 disciplines be considered for recruitment as the said 12 disciplines are part of Alt India Competition which are held under the aegis of All India Police Sports Control Board, New Delhi ; that for want of the infra-structural facilities in U. P. Police, recruitment in any other discipline is not feasible and in the meeting held on 20.3.1999, in which Director General of Police was the chair person, it was decided to recruit the persons belonging to Athletics. Hockey, Swimming. Weightlifting, Boxing, Judo. Basketball, Football, Volleyball, Wrestling, Gymnastic, Kabaddi disciplines only. In pursuance of the decision of the Recruitment Board, a reference has been made to the State Government to delete the remaining 8 disciplines including Body Building. It is further asserted that since the petitioner is a Body Builder and Body Building was not included as a game for selection by Police/P.A.C. Recruitment Board, his candidature was not considered.