RAMESH KUMAR CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 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 certificate said to have been issued by Sanskrit Education Department of the Government of Rajasthan to the effect that he had participated in the State level tournament of Sanskrit Colleges in Kabaddi and was part of the first ranking team. In the result of the written examination taken by the petitioner for the recruitment in question, he was assigned merit number 508. 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.) FOR the questions sought to be raised, appropriate it shall be to take note of the provisions contained in Rule 10 of the Rules of 1998 as under: -

(3.) A look at the Explanation to Rule 10 ibid. makes it clear that the phraseology employed therein is specifically of the nature as to leave nothing to doubt or guess as to what is intended by "Outstanding Sportspersons" where the meaning has been assigned with the phrase "shall mean and include". Thus, even while applying the principles in cited decisions, it cannot be taken that the phrase has been defined in the manner as to enlarge the meaning of phrase "Outstanding Sportspersons" with the employment of the expression "means". It being not a deeming definition or of stating examples, the meaning as given therein brings about more of certainty and specification, leaving no room for doubt or any other interpretation. It is clear that the definition is clear and specific and no other meaning is to be assigned to the words or expressions defined, then as put down in the Explanation itself.