Appointment Under Outstanding Sportsperson Quota Can Be Made Only When There Is 'Direct Affiliation' With Indian Olympic Association: Rajasthan HC

Essentially, writ petition was filed by the petitioner aggrieved against non-inclusion of her name in the merit list for the post of Compounder/Nurse Junior Grade in the category of Outstanding Sports Person.

Justice Arun Bhansali, while dismissing the petition, opined that there is no substance in the writ petition and thereby, ruled,

"Admittedly, ShootingBall Federation of India is not affiliated to Indian Olympic Association and therefore, it can not be said that the respondents committed any fault in rejecting the candidature of the petitioner as a Outstanding Sports Person. The plea raised, that as the Association is affiliated with the Rajasthan State Olympic Association, which in turn is affiliated to the Indian Olympic Association and therefore, the condition is fulfilled, has been noticed for rejection only, as the stipulation requires direct affiliation and not via/through some other Olympic Association."

After perusal of the stipulation in the Advertisement, the court observed that the requirement of the stipulation is very clear, wherein the event should have been organised by the Indian Olympic Association/ Para Olympic Committee of India or their affiliate National Sports Federation.

The counsel for the petitioner submitted that the petitioner is in possession of Merit Certificate issued for the 29th National Shooting Ball Championship 2010-11 in which she participated as a player and in terms of the Advertisement, the petitioner is entitled for the benefits as Outstanding Sports Person.

Further, he also submitted that as the ShootingBall Federation of India is an affiliated unit of the Rajasthan State Olympic Association and said Rajasthan State Olympic Association is affiliated to the Indian Olympic Association, the requirements of stipulation made in the Advertisement are fulfilled and therefore, rejection of petitioner's candidature as Outstanding Sports Person is not justified.

The counsel for the respondents submitted that the Federation, which has conducted the championship, must be affiliated with the Indian Olympic Association and so-called ShootingBall Federation of India's circuitous affiliation with the Indian Olympic Association through Rajasthan State Olympic Association can not be recognized and the respondents have rightly rejected the candidature of the petitioner as Outstanding Sports Person.

Adv. Pramendra Bohra appeared for the petitioner while AAG A.K. Gaur and Adv. Suniel Purohit appeared for the respondents.

Case Title: Nisha v. State of Rajasthan

Citation: 2022 LiveLaw (Raj) 95