A single Bench of Justice Rajesh Sekhri has ruled that that mere single representation or participation at the National level in a sports event shall not be sufficient to claim benefit of reservation for admission in a professional course in a University under Jammu and Kashmir Sports Policy 2008.
The court was hearing a petition filed by an aggrieved student who had applied for admission to Ph.D Programme in the discipline of Civil Engineering (Full Time) under “Sports Category‟ and the petitioner figured at serial No 6 in the “Sports Category‟ in the provisional merit list, issued by the University. The sports certificates of the petitioner were sent by the respondent-University to Secretary, J&K Sports Council for authentication, who, conveyed to the University that petitioner was not eligible for selection under the “Sports Category‟. As a result whereof, the private respondent was selected for the discipline in the open merit category. The petitioner thus challenged the said selection list.
The question which fell for consideration of the court was whether every sportsperson with mere representation at a National or International level is entitled to the reservation under the J&K Sports Policy, regardless of his performance, position, proficiency or talent ?
The court while taking note of the Scheme of J&K Sports Policy and rules as amended from time to time held that the same would indicate that it provides for broader Guidelines for regulation of reservation in professional courses/colleges and appointment as also award and financial assistance to “Outstanding Sportspersons‟. The court held the petitioner 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 as such the petitioner cannot be allowed to read in between the lines of a particular policy or a rule to claim benefit under the Sports Category. Since the petitioner fails to meet the criteria laid down in the J&K Sports Policy and Rules of 2008 read with Amended rules of 2008. The court dismissed the petition.
