New Delhi Sept 17(ILNS): The Supreme Court on Thursday has issued notice to the Jharkhand Public Service Commission (JPSC) and the Jharkhand Government on the plea of woman sportsperson Shilpa Dalmia.
Appearing before the bench comprising of Justice R. Subhash Reddy and Justice Hrishikesh Roy, Dalmia’s counsel Senior Advocate Manish Singhvi submitted that she secured the first position in lawn tennis competition organized at the national level by the Indian Olympic Association.
He further referred to certificates of Lawn Tennis Player Shilpa Dalmia, issued by the School Games Federation of India, wherein the recognition of such is being done by the Ministry of Youth Affairs and sports, Govt. of India.
Senior Advocate Manish Singhvi to Bench – “My lord, I am not claiming any false claim as a sportsperson.” My case falls within condition stipulated in in the advertisement, i.e. Condition No. 1 (d) sub clause (2).
This particular Provision mentions about the ‘level of competition’ and ‘achievement in sports’ in case of seeking reservation by the candidates under Sports Quota.
The bench said, “Let see, How the High Court has dealt with this aspect. We are not saying that you are making a false claim.”
Shilpa Dalmia moved apex court against the order of High court of Jharkhand, wherein her candidature under sports quota was rejected by Jharkhand Public Service Commission.
She had participated at national and university level for the sports of ‘Lawn Tennis’, which fulfills the condition nos. 1(d) (ii) and 1(d) (iii) for getting Horizontal Reservation of 3% under Sports Quota, but she was not declared successful on the ground that ‘sports certificate not produced as per advertisement’. contends Shilpa before High Court.
Shilpa relied upon the eligibility conditions mentioned in an advertisement which is given below –
“Condition No. 1(d) of the advertisement provides that the candidate who is claiming the benefit of Horizontal Reservation under ‘Sports Quota’ to the extent of 3 % in the light of circular issued by Govt. of Jharkhand vide Memo No. 1709 dated 12.09.2007, is required to fulfill any of the three conditions as mentioned in the advertisement at Condition No. 1(d) i.e. either candidate has achieved ‘Medal’ in the competition organized by International Olympics Committee or Competition organized by Federation attached with it; OR has secured ‘First Position’ in the competition organized at National Level by Indian Olympic Association or Federation attached with it; OR has ‘World Record’ in the competition organized at National Level; meaning thereby, in either of the three situations the candidate would be given the benefit of Horizontal Reservation to the extent of 3 % under Sports Quota.
The Hon’ble High Court after comparison certificates with the conditions stipulated in condition no.1 (d) of advertisement, dismissed the appeal of Shilpa, after making certain observations –
“none of the certificates produced by the petitioner has recognition by ‘International Olympic Committee or its concerned federations’ meaning thereby the case of the petitioner does not fall under condition no. 1(d) (i), which says that achievement of ‘Medal’ in the competition having recognition by ‘International Olympics Committee or its Federation’. Likewise none of the certificates submitted by the petitioner shows that the petitioner had secured First position in the competition having recognition by ‘Indian Olympics Association or the Federations attached thereto, as such the case of the petitioner does not fall under condition no. 1(d)(ii). Moreover, none of the certificate of the petitioner shows that she has made ‘World Record’ in the competition organized at ‘National Level’, hence case of the petitioner also does not fall under last condition, i.e. condition no. 1(d)(iii) for getting the benefit of Horizontal Reservation of 3 % under Sports Quota.”/ILNS/KY/KR/SNG