Not mere participation but outstanding performance is the criteria: HC
Reservation under J&K Sports Policy…
Srinagar: Jammu & Kashmir & Ladakh High Court on Tuesday ruled that not mere participation but outstanding performance in a national or international event entitle a person to reservation under J&K Sports Policy.
The ruling ensued a writ petition by Suhaib Sahil an aspirant for PhD in Civil Engineering at Islamic University of Science and Technology, Awantipora under sports category in 2023.
Justice Rajesh Sekhri after hearing the Sahil, J&K Sports Council and the University ruled “every sportsperson with mere representation at a National or International level, ipso facto would not be entitled to reservation under the J&K Sports Policy, regardless of his performance, achievement, position, proficiency or talent”.
The bench explained that the “legislative intent of the rule making authority, is evident from the use of words “Outstanding” and “Proficiency”, in the Rules of 2008 that reservation is available only to the sportspersons, who have not only achieved an outstanding performance but are proficient or have excelled in a particular sport or achieved or secured one of the first three positions or participated twice or more in the same discipline in the National championship to their credit”.
Sahil had participated in a zonal and a national level sports competition and had accordingly been provisionally selected for the Ph D. The University later on saw his sports certificates for verification to Sports Council. The Council conveyed “having single participation at the National level, (the candidate) is not eligible for selection under the Sports Category”.
The University accordingly selected another candidate from open merit in place of Sahil. Aggrieved, he, sought judicial intervention.
Justice Rajesh Sekhri in his order said “this petitioner with a single participation/representation in Ball Badminton at the National level has been rightly declared ineligible by respondent-Sports Council and denied admission by respondent-University. He fails to meet the criteria laid down in the J&K Sports Policy and Rules of 2008 read with Amended rules of 2008. 12 WP(C) No. 3179 of 2023”
The bench held “the Sports Quota, also known as Sports Representation, is a policy devised by the Government and used by the educational institutions to reserve a particular percentage of seats or positions for individuals, who have achieved excellence in sports”.
The court interpreted the J&K Sports policy and said “it aims to promote Outstanding and Proficient sportspersons by providing them with opportunities for education, employment and/or other benefits”.
The bench held that a plain reading of rule 6.3.3 of the J&K Sports Policy would indicate that role assigned to Sports Council is not confined to examination of authenticity or genuineness or otherwise of a sports certificate, but it is the sole authority to certify the eligibility of a candidate seeking admission in professional courses under the “Sports Quota”.
The Sports Council, it said, is obliged to verify and authenticate as to whether the certificates issued to a candidate fall within the purview of policy of the Government in vogue.
“The certificates submitted by the petitioner were examined on the analogy of criteria laid down in the Rules of 2008, petitioner was rightly found not eligible because of having single participation at the National level”.
Since one of the certificates submitted by the petitioner pertains to Zonal representation, therefore, he has been rightly declined the benefit of reservation by the respondent-Sports Council.
“In this view of the matter, petitioner cannot be heard to say that mere single representation or participation at the National level in a sports event shall be sufficient to claim benefit of reservation for admission in a professional course in a University”, the court said.
