Kerala State Beverages (M And M) Corp ... vs P P Suresh And Ors. Etc. Etc. on 4 October, 2019
In P.P. Suresh (supra) while considering the assurance
given by the Government as reflected from the Government Order
dated 20/2/2002 to provide employment to displaced Abkari
workers, adjusting them against 25% of the daily wage vacancies
that would arise in the Corporation, it was held that no vested
right was created by virtue of such an assurance.
34.2. The Government Resolution dated 30/4/2005, did
not create a horizontal reservation, as per Clause - 7 (7) therein,
on the playing of any particular sport, but the same was created
in respect of a sport approved/recommended by the authorities as
stated therein and which sport was to be approved/recommended
was at the sole discretion of the Indian Olympic Association and
the Maharashtra Olympic Association. Thus, even if a horizontal
reservation was created, a sportsperson, playing a particular sport
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WP 4832 of 2018.odt
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could not claim an absolute right, for the benefit of reservation,
as the playing of such particular sport, was at the discretion of the
above authorities, apart from which under Clause-5 of the
Government Resolution dated 30/4/2005, the right to make
changes in the sports in Appendix-A, was kept reserved by the
State, in itself. In the instant case also what has been indicated or
provided by the Government Resolution dated 30/4/2005, was
the reservation of 5% for sportspersons in the matter of
employment, on complying criteria as laid down therein and
nothing else, which was based upon the anticipated continuance
of the then existing law/assurance which was the Government
Resolution dated 30/4/2005 and thus it cannot be said that any
vested right was created in the matter. This 5% reservation in the
matter of employment, has not been taken away by the
Government Resolution dated 1/7/2016, but only the criteria has
been changed to accommodate a larger number of sportspersons
and the number of institutions where such 5% reservation for
sportspersons would become available has been enlarged, so that
a greater number of vacancies would become available.