LAWS(HPH)-2021-7-9

KUMARI POONAM THAKUR Vs. STATE OF HIMACHAL PRADESH

Decided On July 13, 2021
Kumari Poonam Thakur Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The moot question which has arisen/fallen for determination in the case at hand is, "whether the petitioner, who had not only participated in the national level Kabaddi championship in 2005 but had also won various medals, is debarred form claiming benefit of reservation in public employment under 3% reservation for distinguished sportsperson in light of the Notification No. YSS-A(4)1/2018- loose dated 10.1.2011/10.2.2011 (Annexure P-3), whereby Government decided to reserve 3% posts to medal winners of All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions under category No. IV(II).

(2.) For having bird's eye of the matter, certain undisputed facts as emerge from record are that the respondent No.1 vide Notification No. 2-11/72-DP(A-II) dated 28.5.1999 (annexure P- 2) issued instructions for providing 3% reservation to distinguished sportsperson in posts/service to be filled in by way of direct recruitment, contents whereof are reproduced herein below:

(3.) Though, in the aforesaid instructions, Kabaddi stands included in the list of games but medal winners in All India National School Games, All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions were not declared to be eligible for claiming reservation as sportsperson for employment in Government departments/boards/ corporations and universities against 3% quota fixed for distinguished sportsperson in the aforesaid instructions. However, subsequently, respondent No.2 vide Notification dated 10.2.2011 issued clarification regarding providing reservation to distinguished sportsperson in various services under the government (Annexure P-2). Perusal of aforesaid clarification reveals that Government decided to extend benefit of earlier granted 3% reservation to the medal wieners of All India Rural Sports Tournaments and National Sports Festival for Women organized under PYKKA Competitions under category No. IV(II) of PYKKA. (Annexure P-3), abstract of which is reproduced herein below: