Excelsior Sports Correspondent
Srinagar, May 7: In a significant decision, the High Court held that a sportsperson cannot seek entitlement for reservation under Sports Policy regardless of his performance, proficiency or talent and dismissed the plea seeking admission in the discipline of Civil Engineering under Sports Category in the Varsity.
It is pursuant to notification dated 25.05.2023, for admission to PhD Programme (Full Time/Part time), issued by the Islamic University of Science and Technology (IUST) Awantipora, petitioner-Suhaib Sahil applied for admission in the discipline of Civil Engineering (Full Time) under Sports Category. However, his claim has been turned down as the Sports Council informed the varsity that he is not eligible under the sport category as he has one participation in a national event in Badminton.
Petitioner has invoked writ jurisdiction of the Court, in terms of Article 226 of the Constitution of India, for quashment of communication issued by the Sports Council, by virtue of which, he was found ineligible for selection under the Sports category citing that he has participated in only one national event as such is not eligible for selection under the Sports Category.
The senior counsel B A Bashir for the petitioner argued that there was no occasion for the Sport Council to give its finding on the sports certificate of the petitioner as the Varsity had sent the certificate only for its authentication and verification only, therefore, it could not go beyond verification and declare him ineligible for selection.
He contended that since the notification of the respondent-University only asked for a certificate under Sports category and not for certificates of participation of Sportspersons in two National events, therefore, petitioner, having complied with the said condition, is entitled to admission in the respondent-University under the Sports Category
Justice Rajesh Sekhri after a thoughtful consideration of the issue involved in the case has recorded that every sportsperson with mere representation at a National or International level would not be entitled to reservation under the J&K Sports Policy, regardless of his performance, achievement, position, proficiency or talent.
The court said, 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.
“J&K Sports policy aims to promote ‘Outstanding’ and ‘Proficient’ sportspersons by providing them with opportunities for education, employment or other benefits. Petitioner, in the present case, with a single representation in Ball Badminton at the National level has been rightly declared ineligible by respondent-Sports Council and denied admission by respondent-University as he fails to meet the criteria laid down in the J&K Sports Policy and Rules of 2008 read with Amended rules of 2008”, reads the judgment.
The court having regard to these reasons, upheld the communication of Sports Council holding the petition ineligible for ‘Sport Category’ said, there no illegality or impropriety in the impugned communication of the respondent-Sports Council, by virtue of which, it was conveyed to the respondent-University that petitioner-Sahil was not eligible for selection under the sports category.
Court while turning down the arguments of petitioner-counsel that Sports Counsel was only to verify the authenticity of the sports certificate of the petitioner and not to give its comments as to whether he was eligible or not for the admission in Ph.D course said the 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 as such there is no perversity or illegality in the communication under challenge issue by the respondent-council
“Consequently, I do not find any illegality in the impugned notification dated 30.10.2023, vide which, petitioner has been denied selection in the respondent-University and private respondent has been selected. In view of the above, present petition, being devoid of merit, is dismissed”, The Court concluded.
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