DINESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition for writ constitutional validity of Rule 7 -C of the Rajasthan Medical & Health Subordinate Services Rules, 1965 (hereinafter referred to as "the Rules of 1965") defining sports persons eligible for 2% sports quota is questioned. As per the provision aforesaid the term "outstanding sports persons" wherever used includes the sports persons who have participated in the games recognised by the International Olympic Committee and Indian Olympic Federation. It further provides that the sports persons participated in the Asian Games or Asian Championships, Common Wealth Games, World Championships, World Level Inter University Tournaments, SAARC Games or Olympic games as the representatives of Indian team and have secured first, second or third rank in individual item or in team competition. The International Championship in the games of Badminton, Tennis, Chess or Cricket recognised by their national level federation or board shall also be treated as outstanding sports persons. According to the petitioners the meaning given to the term "outstanding sports persons" in Rule 7 -C of the Rules of 1965 is arbitrary and as a matter of fact frustrate the purpose of extending reservation to the sports persons.

(2.) THE issue involved in this petition for writ while examining explanation to Rule 10 of the Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998 i.e. analogous to the provision in question in the instant matter. A Division Bench of this Court in Ramesh Kumar Choudhary v. State of Rajasthan & Ors., DB Civil Writ Petition No. 9673/2012, decided on 19.9.2012, considered the entire issue in lucid and held as under: -

(3.) THE writ petition is dismissed accordingly.