SANDEEP SHARMA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner, in this petition, in response to an advertisement dated 3.5.2006 (Annexure P-1) applied for the post of Constable in the Department of Police (Haryana) under the sports quota. As per the advertisement, 3% posts were reserved for sports quota under Rule 12.16A of the Punjab Police Rules and Government instructions No. 8/148/2000-6 HGI dated 23.2.2001.

(2.) The petitioner contends that he had participated in the National Inter School Handball Tournament for the independent school held at Seth Tolaram Batna Academy, Nokha Road, Gangashahar, Bikaner (Rajasthan) which was held by the Central Board of Secondary Education, an autonomous organisation under the Ministry of Human Resource Development, Government of India. For participating in the said tournament, he was awarded a certificate (Annexure P-2). He has further attached certificates to submit that he was a player of excellence in the field of handball. According to the petitioner, the Handball Association is affiliated to the Haryana Olympic Association and therefore, he is eligible to be considered for selection to the post of Constable under the sports category. He has further contended that he, as a matter of fact, appeared as a sports category candidate and passed the physical test as per the terms and conditions specified in the advertisement and thereafter, was interviewed under Roll No. 3359 on 18.8.2006. The final list of selected candidates was declared on 23.4.2007 but the name of the petitioner did not figure amongst the successful candidates.

(3.) On coming to know this the petitioner made an application under the Right to Information Act and on the basis of the information collected, he submits that he had secured 21 marks whereas the last candidate selected under the Sports quota had secured 20.5 marks and the waiting list candidate had secured 20 marks. Both these candidates who had secured 20.5 and 20 marks respectively were sent for training whereas the petitioner was ignored. He contends that he was not considered under the sports category and was considered under the general category and as such, he has been deprived of his chance of selection under the sports category. He states that since he has scored higher marks than the last candidate selected under the sports quota, he deserves to be appointed under the sports quota as he fulfills all the qualifications required for the said category.