MOHIT SATIJA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This writ petition has been filed claiming appointment to the post of Sub-Divisional Engineer(Civil) in the department of Public Works (B&R) Punjab. The petitioner has been denied offer of appointment when his case was not considered by the Punjab Public Service Commission, the constitutional body appointed to make the selection by direct recruitment. The petitioner applied for the sole post advertised in the sports category. He says that the post is vacant as no person was found eligible, suitable and available to fill the post. His case is built on the criteria adopted by the Commission where sports persons (Punjab) could claim reservation under the category only if four conditions were satisfied. The first condition was broken into four sub-units of assessment, of which (a) being relevant to the context reads as follows:-

(2.) It is not disputed that the case of the petitioner would in any case not fall in any of the other conditions except as above. The criteria requires that a candidate should have won a National Championship in a team or individual event while representing the State of Punjab in such sports events as have been conducted by the respective national federations which are affiliated to the Indian Olympic Association. The petitioner had won a Bronze Medal in Badminton in the 47th National School Games held in 2001-2002. The competent authority in the sports department i.e. Director Sports, Punjab has issued a sports gradation certificate to the petitioner which certifies him to be Grade-B, IIIrd position holder.

(3.) The learned counsel appearing for the petitioner, Mr. Naresh Joshi interprets the word "won" in (a) reproduced supra as including a winner of a Bronze Medal [third position] while the Punjab Public Service Commission and the State of Punjab insist that when the term "won" was used it meant the gold medal and nothing less and they are not prepared to scale down the merit. It is only the winner of the recognised sporting event who can be described as a person falling within the eligibility criteria of winning to qualify in the sports category.