P&H High Court Strikes Down Sportsmen Recruitment Rule Restricting Eligibility For Group A, B Jobs To Only Those With Medals In Senior Categories

The Punjab & Haryana High Court has struck down the 2020 amendment to Punjab Recruitment of Sportsmen Rules restricting eligibility for Group A and B posts to those who had won medals in senior national championships or national games, thereby disqualifying athletes who had achieved success in junior categories or other recognized events.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the reading down...of the impugned amendment as made to Rule 2(d)(a)(ii) & (iii) of the 1988 Rules, through the 2020 Rules, thus is required for enabling parity and non discrimination."

According to the rules, the players eligible for the reservation should have represented Punjab in sports events conducted by respective national sports federations that are affiliated with or recognized by the Indian Olympic Association or International Olympic Committee.

The Court explained that "To overcome the said percolation of discouragement in the mindset of the sportsmen concerned, the impugned Rules, inasmuch as, they ill revere those sporting disciplines which are not enlisted with the Indian Olympic Association, but whereins irrespective of age, the aspirant thus participates in the 'Senior National Championship' or in 'National Games', besides baggs gold, silver or bronze medals either in team or individual events, thus are required to be read down.”

It noted that debarring sportsmen who have played in games not recognised by the Olympic Committee would debar the calibre of sportsperson from discipline like cricket and they would "remain unrewarded and/or the cricketers, would fail to receive recognition for their sporting talent."

The court was hearing a batch of three petitions which inter alia challenged the 2020 amendment to the Punjab Recruitment of Sportsmen Rules, 1988.

The Bench directed the state to reconsider the applications of the petitioners and similarly situated individuals under the criteria set forth in the Punjab Recruitment of Sportsmen Rules, 1988, without reference to the amendments introduced in 2020.

Title: DIVRAJ SINGH v. STATE OF PUNJAB AND ORS. [With connected matters].

Mr.Pankaj Kumar,Advocate for Mr. V.K.Jindal, Advocate for the petitioner (in CWP-4480-2021).

Mr. Sanjiv Kaushik, Advocate, Mr. Vinay Kumar Pandey, Advocate, Mr. Gurjot Singh, Advocate and Mr. Divyanshu Kaushik, Advocate for the petitioner (in CWP-12900-2021).

Mr. H.S.Saini, Advocate for the petitioner (in CWP-28260-2022).

Citation: 2024 LiveLaw (PH) 217

Click here to read/download the order