BIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition, filed under Article 226 of the Constitution of India, presents a poignant intersection of administrative discretion, sports governance, and constitutional rights. The petitioners, three dedicated Ju-Jitsu athletes: Bijay Kumar, Chandani Kumari, and Vivek Bhardwaj, seek to quash the impugned memo no. 1397, dtd. 23/1/2025 issued by the Under Secretary, General Administration Department (respondent no. 5), which upheld the Bihar State Sports Authority's (BSSA) enquiry report, dtd. 28/2/2024. This report, in turn, affirmed the cancellation of their recommendations for direct appointment as Sub-Inspectors in the Bihar Police under the Bihar Outstanding Sports Persons Direct Appointment Rules, 2023 (hereinafter referred to as "the 2023 Rules" for short). Additionally, the petitioners challenge memo no. 6732, dtd. 30/4/2024, which initially cancelled their candidatures, and pray for directions commanding the respondents to appoint them based on certificates issued by the Ju-Jitsu Association of India (JAI, Respondent Nos. 9 to 11), to accept supporting documents verified through the National Sports Portal, and to furnish the enquiry report as mandated by this Court's earlier order, dtd. 30/7/2024 passed in CWJC No. 8484/2024. They also invoke broader reliefs under the law, framing their grievance as a violation of natural justice, arbitrariness, and constitutional guarantees under Articles 14, 16, and 21 of the Constitution of India.

(2.) To fully appreciate the substantive merits of this case, it is essential to delve into the factual backdrop, which reveals a narrative of initial promise thwarted by layers of administrative scrutiny and institutional lapses. The petitioners are graduates and accomplished players in Ju-Jitsu, a martial art recognized in Asian Games but still emerging in the global Olympic ecosystem. They assert participation and medal wins - silver for Bijay Kumar and Chandani Kumari, gold for Vivek Bhardwaj, at the Senior National Ju-Jitsu Championship held in Devas, Madhya Pradesh, from March 2022 to 2023, organized under the auspices of JAI. Buoyed by the 2023 Rules, which were notified on 2/3/2023 to reward outstanding sports-persons with government jobs, the petitioners applied through the General Administration Department's (GAD) portal, submitting certificates from JAI attesting to their achievements.

(3.) Their applications progressed smoothly at first. They featured prominently in the provisional merit list dtd. 4/10/2023 and the final merit list, dtd. 2/11/2023, securing serial numbers 1, 2, and 3 under the Ju-Jitsu category. This led to formal recommendations for appointment via memo no. 22720, dtd. 14/12/2023, and even preparatory instructions for medical and physical verification on 11/1/2024. Adding to their legitimate expectations, the petitioners were felicitated by the BSSA (respondent no. 4) on National Sports Day, 29/8/2023, with certificates and cash prizes following what they describe as thorough verification. However, storm clouds gathered when JAI issued conflicting reports. An initial email on 5/1/2024 denying the petitioners' participation based on a volunteer's telephonic input, followed by rectifications on 20/1/2024 and 10/2/2024 affirming their medals.