Judgment:
CWP No.12522 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CWP No.12522 of 2009 DATE OF DECISION :11.7.2013 Rajesh Kumar ..Petitioner Versus State of Haryana and others ..Respondents CORAM:- HON'BLE Mr.JUSTICE RAJIV NARAIN RAINA Present: Mr.Dinesh Arora, Advocate for the petitioner.
Mr.Harish Rathee, Sr.D.A.G.Haryana.”
1. To be referred to the Reporters or not?.”
2. Whether the judgment should be reported in the Digest?.
RAJIV NARAIN RAINA, J.
20 posts of Sub Inspector of Police were advertised on 6.3.2008 from amongst outstanding sports persons under the sports quota ear marked in the Police Department.
The recruitment process has become a dead ball and candidates selected have joined and are serving in Haryana Police.
The petitioner was an unsuccessful candidate.
Those appointed are the private respondents.
The petitioner claims superior merit and particularly points out to respondent No.14 Ms.Kavita Dalal to say that she is lower in merit in comparison to the sports credentials of the petitioner.
Mr.Dinesh Arora, learned counsel appearing for the petitioner does not assail before this Court the entire selection as being vitiated which if pressed on justifiable grounds may have required examination by this Court on entirely different parameters of challenge.
At any rate, no mala fides has been alleged in the recruitment process.
Mr.Arora would point out to an interim order of this Court passed on 11.8.2011 after perusing the proceedings of the selection board in Court.
The order reads: CWP No.12522 of 2009 -2- “Civil Writ Petition No.12522 of 2009 Present: Mr.Dinesh Arora, Advocate for the petitioner.
Mr.Harish Rathee, Sr.D.A.G.Haryana.
Mr.Rathee has placed before me the proceedings of the Selection Board and also the recommendation made by the Selection Board in respect of some of the selected candidates for granting relaxation of various essential criterion like education, height, chest etc.It is noticed that only 35 persons had reported for selection pursuant to the advertisement, though 56 candidates had applied.
The Board by itself had taken a decision to give another chance to persons who did not report and called the remaining persons as well.
Whether the Board had power to call those persons may have to be examined.
The last date of making application was given in the advertisement and calling the candidates, who did not report on the due date, may not be free from allegations of unfairness.
Whether relaxation could be done in this manner in such large number of cases, may also require to be examined.
This will make the essential qualifications a farce.
Out of 35 candidates, who reported for selection, only 12 are found fulfilling the eligibility candidates of height, qualification and chest and remaining 25 were found falling short in one condition or the other.
These aspects would require consideration.
The selected candikdates though have been impleaded but are not represented.
Mr.Rathee may inform the private respondents, who have been selected as they have been served through the Department, if they wish to defend their appointments.
State counsel may also file any additional pleadings to explain the selection done in this manner, if it so desires.
Adjourned to 5.10.2011.
The record is returned to the State counsel.
Be kept in the sealed cover.”
This order is the anchor sheet and main plank of Mr.Arora's argument.
Outstanding sports persons are defined in Clause-(2)(C)(ii) to read: “(ii) Outstanding sports person who are recipients of Arjun Award of Government of India, or Bhim Award of the State of Haryana, or winners of Gold/Silver/Bronze medal in Olympics or winners of Gold/Silver/Bronze medal in Commonwealth Games or Asian Games or winners of Gold Medal in Asian Championships conducted by recognized International/National Federations, winners of Gold/Silver Medal in SAARC Games or winners of Gold Medal in National Championships conducted by recognized National Federations.”
The sports dossiers of the selected candidates are found at pages 56 to 59 of the paper book.
Mr.Arora points out to the creddentials of selected candidates Ms.Kavita Dalal and Joginder Grewal who have both CWP No.12522 of 2009 -3- played at junior athletic championships while the petitioner has done far better.
There is, however an insurmountable barrier against the petitioner.
The qualifying age for Sub Inspectors laid down in the advertisement was 18 to 27 years as on 1.1.2008.
The petitioner applied for the post in March 2008.
He faced the selection board and participated in the physical test but could not be appointed as he had crossed the upper age limit.
His date of birth recorded in the application form was 13.4.1978 and was overage, thus not called for interview.
Mr.Arora argues that though recruitment age had been fixed at 18 to 27 years but the advertisement contained a relaxation clause which permitted the recruiting authority to extend age by five years in special cases for outstanding sports persons.
This is slippery ground and remains in the domain of discretion which can be exercised only by the Police Department and not this Court.
It is not possible to issue a mandamus to the State to relax rule only to accommodate the petitioner whatsoever his sports achievements may be.
Comparative merit remains in the subjective satisfaction of the selection agency based on objective criteria while applying the test of outstanding sports persons in search of talent measured in the descending scale of Clause-(2)(C)(ii).On facts it cannot be said that the selection should nullification either in its entirety or by picking out those which the petitioner perceives as lower in comparative merit.
Ms.Kavita Dalal-respondent No.14 and Mr.Joginder Grewal-respondent No.21 or anyone for that matter placed on the select list fall clearly in the definition.
Both won two gold medals each in National Junior Championships, one for athletics while the other for wrestling, one in the CWP No.12522 of 2009 -4- Junior level of the 22nd and 23rd National Junior Athletic Championships at Hyderabad and Bangalore (Kavita Dalal) and the 24th and 25th Junior Boys National Wrestling Championship held at Jharkhand and Solan (Joginder Grewal).The definition of outstanding sports persons is structured in such manner that claimants should be recipients of Arjuna Award and Bhim Award; Gold, Silver and Bronze Medals won in Commonwealth Games or Asian Games or winners of Gold Medals in Asian Championships conducted by recognized Sports Federation or winners of Medals in SAARC Games.
So far as National Championships are concerned only winners of a Gold Medal find place.
The selected candidates fulfilled that criteria.
Among the winners is an Arjun Awardee, there are three Bhim Awardees or have won Gold Medals in Commonwealth Games, National Championships, International Championships, Asian Games winner Bhupinder Singh won Silver medals in Asian Games 2002 and 2006.
They all have inspiring achievements in the field of sports.
I find nothing wrong in the selection processor merit prepared or anything which can be viewed as wide off the mark in the process of selection or in the application of the grading system laid down Clause-(2) (C)(ii).Dismissed.
11.7.2013 (RAJIV NARAIN RAINA) rajeev JUDGE