NEELAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CMP No.6516 of 2021

(2.) Further, as per the petitioner, respondent No.2 sent a requisition to respondent No.3 to sponsor the names of the distinguished sports persons (women) in the sport of Kabaddi, for the post of Sub-Inspector of Police on regular basis and in response thereto, the name of the petitioner was also sponsored by respondent No.3 for the post in issue vide communication, dated 07.10.2020, appended with the petition as Annexure P-7. In terms of the same, the name of the petitioner was sponsored in Category-III. After the recommendation, nothing was done by the Requisitioning Department for about two months. Thereafter, vide Annexure P-8, dated 10.12.2020, respondent No.2 wrote to respondent No.3 to sponsor the name of a General Category candidate for the post in issue on the plea that as the post of Sub-Inspector (Women) from amongst sports persons quota was to be fulfilled from General Category candidates, whereas the petitioner belonged to Schedule Caste Category.

(3.) According to the petitioner, issuance of Annexure P-8 by respondent No.3 is arbitrary and not sustainable in law in view of the fact that the reservation provided for sports persons is Horizontal reservation and not-considering the name of the petitioner for the post in issue against the quota of sports persons simply on the ground that petitioner belongs to Schedule Caste Category, is not sustainable in law as the petitioner has a right to be appointed against the post in issue in her capacity as a sports person, if she fulfills the requisite eligibility criteria. It is in this background, that the petition has been filed by the petitioner, inter alia, praying for quashing of impugned communication, dated 07.10.2020 (Annexure P-7) and with further prayer for issuance of direction to the respondents to implement the recommendation made by respondent No.3, dated 07.10.2020 (Annexure P-7) and issuance of a writ of mandamus to the respondents to issue an appointment order in favour of the petitioner against the post of Sub-Inspector of Police.