Himachal Pradesh High Court
Pooja Sharma vs State Of H.P And Others on 2 December, 2020
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPOA No. 1320 of 2019
Reserved on : 29.10.2020
.
Decided on: 02.12.2020
Pooja Sharma ......Petitioner
Versus
State of H.P and others ......Respondents
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1 Yes.
For the petitioner: Mr. Anup Rattan, Advocate
through video conferencing.
For the respondent: Mr. Raju Ram Rahi, Dy. A.G.
through video conferencing.
Vivek Singh Thakur, J.
Petitioner herein is a Sportsman who has passed her Senior Secondary examination in Commerce in March, 2000 and B. Com in the year 2003 and M.A. Economics in the year 2006 and she has also completed her Junior Basic Trained Teacher course ('JBT' in short) in September, 2011 in 1 st Division and she has registered herself in District Employment Exchange Una on 02.11.2011.
2. Respondent-State on 12.09.2009 had notified 1308 posts of JBT to be appointed in Government Primary Schools of the State on contract basis on a fixed remuneration vide advertisement, wherein passing of Teacher's Eligibility Test (TET) was mandatory requirement for determining the eligibility of a candidate. Qualifying marks for passing TET is 60%.
1Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 03/12/2020 20:16:03 :::HCHP 23. Before filing petition, petitioner had appeared in TET and had scored 84 marks out of 150 marks i.e. 56%. During pendency of .
present petition, petitioner has passed JBT, TET in the year 2014 by securing 91 marks out of 150 marks.
4. There is reservation of 3% posts for outstanding/distinguished sportsmen for employment in the Departments/Boards/Corporations and Universities.
5. Vide communication dated 22.01.2002. Department of Personnel, Government of Himachal Pradesh had communicated decision of the Government to all concerned about revised criteria for selection of outstanding sportsmen who will be eligible for employment in Government Departments/Boards/Corporations and Universities against the reservation in services provided to distinguish sportsmen.
The various sports competitions have been classified as follows:-
Criteria for selection of outstanding sportspersons who will be eligible for employment in Government Departments/Boards/Corporation and Universities:-
The various sports competitions will be classified as follows:-
Category No.1 I Medical winners of Olympic Games/Winter Olympics.
II Commonwealth Games.
III Medal winners of Asian Games/Winter Asiad.
Category No.II I Participation in Olympic Games
II Participation in Commonwealth Games.
III Participation in Asian Games.
Category No.III I Medal winners in South Asian Federation (SAF)
Games
II Medal winners in National Games
III Medal winners in recognized Senior National
Championship.
Category No.IV I Medal winners in All India Inter-Versity Sports
Tournaments.
II Medal winners in All India National School Games.
III Medal winners in recognized Jr. National Sports
Championships.
IV Participation in South Asian Federation (SAF) Games.
::: Downloaded on - 03/12/2020 20:16:03 :::HCHP
3
V At least three times participation in National
Championship and Senior National Championship.
.
6. Petitioner herein is claiming her appointment against the posts reserved for outstanding sports persons on the basis of criteria provided in category No. IV under sub-clause V, which provides that an outstanding sports person having at least three times participation in 'National Championship' and 'Senior National Championship' shall be eligible to be considered under quota for such sportsmen. Petitioner is claiming her eligibility and right on the basis of her participation in 31 st Senior (Women) National Handball Championship held in Guwahati (Assam) w.e.f. 11th February to 16th February, 2003, 29th Senior (Women) National Handball Championship held in Chandigarh (U.T.) w.e.f. 13th February to 18th February, 2001 and 13th Sub-Junior National Handball Championship Boys and Girls (under 15 years) held in Jaisalmer (Rajasthan) w.e.f. 3rd to 7th November, 1996 as evidence from certificates issued by the concerned organizations placed on record as Annexure P-4 (Colly.).
7. According to reply filed on behalf of Department of Youth Service and Sports, Himachal Pradesh, petitioner was not registered in the category of outstanding sports person for selection under 3% reservation scheme provided for such sports persons for the reason that she has participated two times in Senior National Handball Championship held in the year 2001 and 2003, once in Sub Junior National Handball Championship in the year 1996 and once in North Zone Handball Championship, thrice in Inter-Versity tournaments.
Though it is not stated in so many words, however, from the tone and tenor of reply, it is apparent that participation in Senior National ::: Downloaded on - 03/12/2020 20:16:03 :::HCHP 4 Championship of the petitioner has only been taken into consideration but her participation in Sub-Junior National Handball Championship has .
not been taken into consideration by the Department of Youth Services for registration of her name for sponsoring as an outstanding sports person after registration in the Department of Youth Sports.
8. The criteria provides that sports person should have three times participation in National Championship(s) and Senior National Championship(s). It does not preclude Sub-Junior National Championship, rather it provides that there must be three times participation in 'National' Championship, which must include participation of Senior National Championship. It does not say that all three times participation should be in Senior National Championship only or in National Championship only. It also does not say that National Championship should not be Sub-Junior or Junior National Championship. As a matter of fact, "National Championship" includes all kinds of National Championships unless excluded specifically. Thus, Senior National Championship is also included in National Championship. But in relevant criteria both Senior National Championship and National Championship, have been mentioned.
Thus, it qualifies that sports person must have participated in Senior National Championship besides other National Championships. It does not provide number of participation either in other National Championship or in Senior National Championship. It also does not provide that the National Championship should not be Sub-Junior or Junior National Championship. Participation in any kind of National Championship has to be considered to be a valid Championship in National Championship for the purpose of inclusion of name of sports ::: Downloaded on - 03/12/2020 20:16:03 :::HCHP 5 person in the category of outstanding sports person for employment in Government Departments/Boards/Corporations and Universities. The .
only qualification under the relevant criteria is that the sports person in addition to National Championship must have participated in Senior National Championship also as Senior National Championship is also National Championship but in the criteria, it has been specifically mentioned that sports person should have participation in National Championship and Senior National Championship. It qualifies that in addition to participation in any kind of National Championship, sports person must have at least one participation in Senior National Championship.
9. In view of aforesaid interpretation of Rules which is coming out of the criteria notified by the Government, petitioner is definitely falling in the category IV, sub category V of outstanding sportsmen who are eligible to be considered against the post reserved for outstanding sports person. Therefore, non-inclusion of the name of petitioner in the list of outstanding sports person eligible to be sponsored and considered for employment under the quota reserved for outstanding sports person as unreasonable, irrational and arbitrary and this deserves to be interfered with by the Court.
10. Petitioner has also prayed for filling up the vacancies notified by the State on the basis of Recruitment and Promotion Rules prevalent at the time when these posts had fallen vacant. In my considered opinion, this prayer is not tenable in the eye of law as posts are to be filled up on the basis of Rule existing as on date when post(s) is advertised or notified for filling-up.
::: Downloaded on - 03/12/2020 20:16:03 :::HCHP 611. At the time of Notification of the vacancies, passing of Teachers Eligibility Test was a mandatory requirement to become .
eligible to be appointed as Teachers in the schools. For passing TET, a candidate has to secure 60% marks. Earlier, petitioner had appeared in the TET examination and had secured 84 marks out of 150 marks, which is 56% and thus as per existing norms, she had not qualified.
But now, as recorded supra she has qualified TET in 2014 by obtaining 91 marks out of 150 marks.
12. For having played three National Championship including one Senior National Championship, petitioner was entitled for sponsorship of her name to the post of JBT. However, as a matter of fact, she had not qualified TET at the time of filing of petition, however, she has qualified TET in the year 2014 result whereof, as per photocopy of certificate produced by learned counsel, has been declared on 23.02.2015. Therefore, after February, 2015, petitioner has become eligible to be appointed as JBT Teacher in all respect but for considering her not entitled to be sponsored as an outstanding sports person, her name was not sponsored for appointment even after passing of TET examination. Vide order dated 21.09.2012, at the time of entertaining the present petition, Division Bench of this Court has directed the respondents not to fill up one seat from 3% quota meant for outstanding sports persons, therefore, as of now the said seat was and is available for appointment of the petitioner.
13. In view of above discussion, petitioner is held entitled to be enlisted amongst the outstanding sports person in the Department of Youth Sports Himachal Pradesh for sponsoring her name under the category of outstanding sports person. Respondents No. 2, Secretary ::: Downloaded on - 03/12/2020 20:16:03 :::HCHP 7 (Youth Services and Sports) and respondent No. 3 Director, Youth Services and Sports are directed to take all necessary steps and action .
for inclusion of her name amongst outstanding sports person in the Department of Youth Sports Himachal Pradesh for employment in the category IV Sub-Clause V of the revised criteria notified by the Government for selection of outstanding sports person for employment under 3% reservations of sports person within 15 days of passing of the judgment. Respondents No. 2 and 3 are also directed to sponsor name of petitioner for employment as JBT Teacher in Elementary Education Department on or before 31st December, 2020 and Elementary Education, Department shall consider her name for appointment under 3% quota meant for outstanding sports person against one seat directed by the Division Bench of this Court, not to be filled-up vide order dated 21.09.2012, if she is otherwise found eligible for such appointment, on or before 31.01.2021.
14. Petitioner shall be considered to be in service as JBT w.e.f.
01.04.2015, a date after 23.02.2015 i.e. date of passing TET by her, for all consequential benefits but except actual monetary benefits which shall be granted to her on notional basis w.e.f. 01.04.2015 till date of her actual appointment.
15. In present case, petitioner has also prayed for issuing general direction to the respondent-State to give relaxation of 5% marks to the outstanding sports person for qualifying TET. To support this prayer, petitioner has placed reliance upon the decision of the respondent-State communicated by the Secretary, Elementary Education to Director, Elementary Education vide communication dated 24.04.2012 (Annexure P-9), whereby Government has decided ::: Downloaded on - 03/12/2020 20:16:03 :::HCHP 8 to give relaxation of 5% in minimum qualifying marks for qualifying TET to the candidates of the category of Schedule Caste/Schedule .
Tribes/OBC and physically disabled.
16. Though, reliance placed upon by the petitioner on this decision of the Government, to support her claim for relaxation to sports persons of 5% marks in minimum qualifying marks for passing TET, may be misconceived for the reason that an outstanding sports person cannot be considered equivalent to a candidate of SC/ST/OBC or physically disabled category. Relaxation granted on the basis of social and physical disabilities cannot be a basis for relaxation to sports persons. Sports persons cannot be equated with socially backward or physically disabled persons. However, candidates belonging to the outstanding sports persons category itself belong to a distinct class for which they can claim relaxation as prayed. But, it is a matter of policy, decision regarding which is to be taken by the Government.
17. In fact, sports is also an education and it cannot be extra curricular activity. For overall development and healthy life, sports activities are necessary for a person. Considering the importance of sports in human life, the Government of India, recently has introduced 'Khelo India Programme'. This programme is stated to have been introduced to revive the sports culture in India at grass root level by building a strong framework for all sports played in our country and establish India as a great sporting nation and under this programme Khelo India Youth Games were also launched by the Hon'ble Prime Minister and it has been propagated that key objectives of Khelo India is to promote fitness across schools, women and grass-root levels and ::: Downloaded on - 03/12/2020 20:16:03 :::HCHP 9 to achieve this objective, Khelo India Youth Games is an event promoted by the Hon'ble Prime Minister and Sports Minister with .
motive to make it understand that sports cannot be treated as an optional subject but it is an essential part of education which has to be accepted by all.
18. It is a reality that overwhelming importance currently placed on marks and percentages has led to increasing self-isolation amongst young students, who live in 'little boxes' of their own and are sucked into a mindless, test-oriented rat race to get ahead in life.
Most people confuse sport with either just the playing of it, or look at it as a subject to be taught in classrooms, out of text books. In fact, sports is much more than either of these two things and it has to become a way of life to define and shape a young person what he can become. Sport also teaches people to take on-the-spot decisions under pressure and work out success strategies in dynamically changing situations. Young people need to get used to this, because only winners perform their best under pressure. Sport does this brilliantly, in training sessions and competitions and thereby, prepares participants for life itself. In the planned and graded training processes of a sports team, one can easily discern the gradual erosion of selfishness and growth of teamwork and self-discipline, and over the time, the emergence of the qualities of successful sportsmen intelligence, strength, stamina, courage, independence and adaptability, the very same qualities that ensure success in other walks of life. It also automatically develops leadership skills and teaches man management strategies, as young players try to keep their teammates focused and motivated, often in tough situations.
::: Downloaded on - 03/12/2020 20:16:03 :::HCHP 10Most importantly, sport equips young people to handle failure. It teaches them to come back to the ground the next day, after a first .
ball duck the day before. Dealing with failure is an imperative life skill that builds self-belief and mental strength. Sport teaches this every day and to balance winning and losing, which becomes a habit for life.
Athletes have to manage their time effectively. From their school days onward, they have to balance academic work and athletic commitments, along with spending time with family and friends. And this often leads to athletes developing time management strategies and techniques that translate well into the working world. Athletes are willing to make sacrifices to achieve a goal. They will give up time they would rather spend relaxing in order to practice at off hours, pushing themselves to get better and to help their teammates get better as a whole.
19. Sports are essential part of life which is mandatory for healthy, happy and disciplined society, but it consumes time and the persons, who offers themselves to be an outstanding sports person, have to spend major part of their life in the ground instead of living in little boxes to cram the bookish knowledge and, therefore, definitely they are a separate distinct class than the other candidates aspiring employment in Government Departments/Boards/ Corporations and Universities and thus deserves for special treatment.
20. In order to achieve the goal and fulfill the object of programmes of the Government like Khelo India and Fit India, it would be imperative for the Government to provide relaxation in the minimum qualifying marks to the category of outstanding sports person also for passing TET. Recently, during fitness India Dialogue ::: Downloaded on - 03/12/2020 20:16:03 :::HCHP 11 2020, Hon'ble Prime Minister by saying that 'Fitness ki dose, aadha ghanta roz' (a dose of fitness every day for half an hour), has also .
urged all citizens of the country to take fitness and physical activity seriously, especially in these unprecedented times of a pandemic by elucidating the significance of a healthy body and mind.
21. In the light of above discussion, respondent-State is also directed to consider the case for granting appropriate relaxation to the outstanding sports persons who are entitled for appointment under 3% reservation for sports person, in minimum qualifying marks for passing TET and to take an appropriate decision in this regard on or before 31 st January, 2021.
22. The writ petition is disposed of in aforesaid terms.
Pending application(s), if any, shall also stand disposed of.
December 02, 2020 (Vivek Singh Thakur)
(naveen) Judge
::: Downloaded on - 03/12/2020 20:16:03 :::HCHP