DHARMENDRA BERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE matter is taken on Board today for, as pointed out, the basic challenge herein is similar and akin to that in CWP No.9673/2012. By way of this writ petition, the petitioner, who offered his candidature in response to an advertisement dated 27.02.2012 for the post of Teacher Grade-III Level II (Class VI to VIII), seeks to question the validity of Explanation to Rule 10 of the Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998 ('the Rules of 1998') made under the Rajasthan Panchayati Raj Act, 1994 wherefor, his candidature has not been considered towards the vacancies reserved for "Outstanding Sportspersons". The petitioner offered his candidature in the recruitment aforesaid in "Backward Class" category; and also claimed his entitlement to be considered in other category as "Outstanding Sportsman" with reference to a certificates said to have been issued to the effect that he stood first in the National Karate Championship at New Delhi. In the result of the written examination taken by the petitioner for the recruitment in question, he was assigned merit number 2170. However, his claim for consideration in the vacancies reserved for "Outstanding Sportspersons" category was declined by the respondents on the ground that the documents submitted by him were not certifying him to be an Outstanding Sportsperson at international level. The petitioner made a representation and having failed to get the claimed relief, has filed this writ petition seeking to challenge the validity of the Explanation to Rule 10 the Rules of 1998.

(2.) AFTER having considered the submissions made by the learned counsel for the petitioner in challenge to Rule 10 ibid., we have dismissed the cognate matter CWP No.9673/2012 by a detailed order today. The learned counsel for the petitioner, however, submits that the position of the present writ petitioner is much higher inasmuch as he won first position two times at the national level in Karate. Even while not denying the position that the petitioner might be a reasonably ranking sportsperson, we are of the view that the fact still remains that he has not been a person having secured a rank at international level so as to be given the benefit of reservation under Rule 10 of the Rules of 1998. Challenge to the validity of Rule 10 of the Rules of 1998, particularly Explanation thereto, has been examined and rejected in the order passed today in CWP No.9673/2012; and considerations therein equally apply to the present case too. Therefore, this writ petition also stands dismissed in terms of the order passed today in CWP No.9673/2012: Ramesh Kumar Choudhary Vs. State of Rajasthan & Ors.