KAPIL DEV SHARMA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THIS order shall dispose of aforementioned two writ petitions i.e. CWP No.14883 of 2004 and CWP No.5370 of 2010, directed against the promotion granted to Sub Inspector Ram Gopal, as Inspector in Chandigarh Police though by different set of petitioners.

(2.) FOR facility of reference, the facts are taken from CWP No.14883 of 2004. However, whenever some documents are not available in this writ petition, reference shall be made to the documents from CWP No.5370 of 2010, which shall be hereinafter referred as 'the second petition'). The petitioner claims to be an outstanding sportsman appointed in Chandigarh Police on account of his achievements in sports i.e. Handball. He was appointed as Constable under the Sports quota on 07.07.1981. The petitioner was promoted as Head Constable in the year 1982 on the basis of his achievement in the field of sport having represented Indian Team in Asian Games in Delhi in the year 1982. Later the petitioner was promoted as Assistant Sub Inspector (ASI) on 07.12.19900. He claims to have been promoted as Sub Inspector (SI) on the basis of seniority without taking benefit of Sports quota. It is alleged that respondent No.3 i.e. SI Ram Gopal (now promoted as Inspector) was appointed from the General category, but took up Yoga exercises and participated in various events. It is alleged that discipline of Yoga does not fall under the category of games as Yoga has not been assigned any grading by the Chandigarh Administration. The petitioner, thus, challenges the promotion granted to respondent No.3 to the post of Inspector against the Sports quota.

(3.) LATER , the Inspector General of Police, U.T. Chandigarh has issued a Standing Order No.10 of 1996 in respect of promotion to outstanding sports person in the Chandigarh Police. The relevant extract from such Standing Order (Annexure A -13) reads as under: