OPINDER NEGI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) RESPONDENT -State has laid down the guidelines for providing reservation to the distinguished sports persons in various services under the Government vide notification dated 28th May, 1999 (Annexure A -3). 3% reservation is provided by way of this notification in direct recruitment posts in Class -III & Class -IV categories in all the State Government Departments, Boards, Corporations and Autonomous Bodies etc.. According to the eligibility criteria, the sports persons participating in games as per Annexure (A) and falling within categories I to IV Annexure (B) will be the distinguished sports persons. Sports persons falling in these categories only will be eligible to claim benefit of reservation. According to the Regulation of reservation, the distinguished sports persons are required to fulfill educational and other professional qualifications prescribed for the post. The Department of Youth Services & Sports acts as nodal agency for implementation of reservation in all classes of posts. The sports persons belonging to category -I are eligible for direct employment in various Government Departments/Boards/Corporations etc. against reserved posts. It is further stipulated in the notification dated 28th May, 1999 that the Department of Youth Services & Sports will set up a Sports Person Employment Cell and maintain a live register with respect to all eligible sports persons. Thereafter, the recruiting department will send requisition to the Department of Youth Services & Sports for sponsoring names against sports quota whenever recruitment is to be made. The sports persons recruitment cell is to sponsor one name per vacancy from live register according to priority as per rules from category I, II & III. The requisition department is thereafter required to recruit these persons only. It is specifically stipulated in the notification that in case No. suitable candidate is available in categories I, II & III, the Sports Persons Employment Cell will issue non -availability certificate. After non -availability certificate is obtained for categories I, II and III, the recruiting department will be free to fill up the sports vacancy out of category -IV through H.P. Public Service Commission/Subordinate Staff Selection Board or Department Recruitment Committee in accordance with the recruitment procedure laid down, but they will give preference in category -IV to Gold Medal winner over Silver medal winner and Silver medal winner over Bronze medal winner.

(2.) PETITIONER got his name registered with Respondent No. 3 -Department on 20.12.2001. The Education Department sent a requisition for filling up the posts of T.G.T. (Non -Medical/Medical/Arts) on 13th August, 2004. The name of Petitioner was registered in category -III and his name was sponsored on 6th September, 2004. He was interviewed on 29.11.2004. Respondent No. 3 has also sent a letter dated 07.03.2005 to the Director of Education, wherein the name of Petitioner is at Sr. No. 1 and the names of private Respondents are below him.

(3.) ONLY Respondents No. 1 to 4, 5, 6, 8, 9, 11 and 14 have filed the replies.