Mere Participation In National Games, Regardless Of Position & Performance Does Not Guarantee Sports Quota In Educational Institutions: J&K High Court
The High Court of Jammu and Kashmir and Ladakh has ruled that simply participating in National or International level sports competitions doesn't entitle a person to reservation under the J&K Sports Policy.Citing various provisions of J&K Sports policy a bench of Justice Rajesh Sekhri clarified,“A plain reading of clause 6.3.4, on first blush would indicate that mere participation...
The High Court of Jammu and Kashmir and Ladakh has ruled that simply participating in National or International level sports competitions doesn't entitle a person to reservation under the J&K Sports Policy.
Citing various provisions of J&K Sports policy a bench of Justice Rajesh Sekhri clarified,
“A plain reading of clause 6.3.4, on first blush would indicate that mere participation or representation of a sportsperson at a National or International level shall make him entitled to reservation in University Academic/technical courses”.
These observations were passed by Justice Sekri in a case where a petitioner challenged his exclusion from the sports quota during admission to a Ph.D. program.
Background of the Case:
Suhaib Sahil, the petitioner, applied for admission to a Ph.D. program in Civil Engineering at the Islamic University of Science and Technology (IUST) under the Sports Category. He had participated in two sporting events, the North Zone Ball Badminton Championship (zonal level) and the First Youth National Badminton Championship (national level). Based on his sports certificates, IUST included him in the provisional merit list for the sports quota.
However, the J&K Sports Council, upon verifying Sahil's certificates, deemed him ineligible for the quota. This was because the J&K Sports Policy and its associated rules require "outstanding proficiency" in sports for availing reservation benefits. The Council communicated this decision to IUST, leading to Sahil's exclusion and the selection of another candidate in the open merit category.
Aggrieved of the same Sahil through Senior Advocate Bashir Ahmad Bashir argued that his participation in a National level championship satisfied the criteria for reservation under clause 6.3.4 of the J&K Sports Policy, which mentions "representation at National or International level." He further contended that the Sports Council exceeded its authority by declaring him ineligible, as their role was limited to verifying the authenticity of certificates.
Respondent J&K Sports Council maintained that Sahil didn't meet the eligibility criteria as per the J&K Certification of Outstanding Proficiency in Sports Rules 2008 (amended 2008). These rules define "outstanding proficiency" as securing a top three position in individual events, being part of a top three team in National Championships, or participating twice or more in the same discipline at Nationals.
Court Observations:
Delving into the intricacies of the J&K Sports Policy, particularly clause 6.3.4, and juxtaposing it with the rules of 2008 and their amendments Justice Sekhri highlighted the definition of "candidates possessing outstanding proficiency" and underscored the importance of performance and achievement, debunking Sahil's claim solely based on representation.
“Clause 6.3.4 of the J&K Sports Policy cannot be read in isolation and if the said clause is read in conjunction with Rule 2(A)(ii) of Rules of 2008 read with Amended Rules of 2008, it is manifestly clear that petitioner is not eligible for selection under the Sports Category, for the simple reason that he has neither participated and secured one of first three positions in the individual events or the team event in a National championship. Petitioner cannot be allowed to read in between the lines of a particular policy or a rule to claim benefit under the Sports Category”, the bench recorded.
While upholding the authority of the Sports Council to certify eligibility and emphasising its role in verifying adherence to policy guidelines the court stated,
“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”.
In other words, respondent Sports Council 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 bench underscored.
In light of these observations, the bench found the petition devoid of any merit and hence dismissed the same.
Case Title: Suhaib Sahil Vs UT th. J&K Sports Council and ors.
Citation: 2024 LiveLaw (JKL) 114
Mr. B. A. Bashir, Sr. Advocate with Ms. Falak Bashir, Adv appeared for the petitioner, Mr. Jehangir Dar, GA for R- 1 to 3. Mr. Syed Musaib, Dy. AG for R-4 to 6. Mr. M. Ashraf Wani, Adv. For R-7 represented the respondents