STATE OF RAJASTHAN Vs. ALI AMAN ELAHI

JUDGEMENT

(1.) These appeals arise out of the common judgment of the learned Single Judge dtd. 15/03/2021 passed in S.B. Civil Writ Petition No.12343/2020 and connected petitions. Since facts are substantially similar, we may note them from the original writ petition in the case of Manini Kaushik. The petitioner Manini Kaushik had filed the above mentioned writ petition seeking a direction that the respondent State authorities should consider her candidature for out of turn appointment on a State Government post as a medal winner under the Medal Winner Rules, 2017 (hereinafter referred to as the "Rules of 2017"). The petitioner had participated in a team event of 10 Meter Air Riffle Women Junior Team in ISSF World Championship, Chanangwon held at South Korea in the year 2018 winning a Gold medal in the event. The petitioner also claimed that in the process of winning Gold medal the team had broken the world record in the junior category. Besides, she had also won a Bronze medal in the Asian Championship 2017 (junior category) in the same event. Since the State authorities did not consider the petitioner eligible for appointment under the said Rules of 2017, she has approached this Court.

(2.) While granting ad interim relief, the learned Single Judge had directed the authorities to consider the candidature of the petitioner as a medal winner at world championship under category 'A' of the said Rules as amended in the year 2020. In compliance of the directions, the respondent constituted a committee, which considered the case of the petitioner in the meeting held on 16/10/2020 and found that she was ineligible because she had won a medal in junior category and that there is a clear distinction between junior and senior category in the regulations framed by the International Shooting Sports Federation (ISSF), the Federation which controls the game of rifle shooting.

(3.) While finally disposing of the writ petition, the learned Single Judge referred to the provisions contained in the Rules of 2017 and Regulations framed by ISSF and came to the conclusion that the petitioner was wrongly held ineligible for appointment in terms of the said Rules. Perusal of the judgment of the learned Single Judge would show that the petition was allowed primarily on two grounds:-