Can fill SC sportsman quota post by candidate if no suitable applicant: HC

In a significant clarification on reservation policy, the Punjab and Haryana High Court has held that a post can be filled up from scheduled caste (SC) category candidate in case a suitable candidate from the SC sportsman category was...

Saurabh Malik

Tribune News Service

Chandigarh, Updated At : 12:55 PM Oct 16, 2024 IST

Justice Mahabir Singh Sindhu of the high court referred to explicit provisions in the Punjab government’s guidelines allowing such a conversion before reaching the conclusion.

The ruling by Justice Sindhu came on a petition filed against the High Court of Punjab and Haryana and other respondents by Manjeet Singh. He was seeking the setting aside of impugned order dated January 16, 2017, passed by Muktsar District and Sessions Judge whereby a peon’s post in SC sportsman category was converted to SC category. The Bench was assisted on the respondents’ behalf by advocates Balpreet Kaur, RS Bajaj and Sidakjit Singh Bajaj.

Justice Sindhu observed the District and Sessions Judge’s office issued a public notice dated September 30, 2016, for filling up four posts of peons, including one from SC sportsman category. The petitioner appeared in the interview, but did not find his name in the successful candidates’ list. Information sought under the Right to Information Act revealed that none of the candidates was found suitable. As such, the post of peon in SC sportsman category was filled-up from SC category candidates.

After hearing rival contentions and going through the case record, Justice Sindhu asserted the sole issue arising for the court’s consideration was whether the respondents’ action of filling up the peon’s post from SC category following non-availability of candidates in SC sportsman category was justified?

Justice Sindhu asserted reliance could be placed on a letter dated January 3, 2017, for reaching a conclusion. The circular left “no room of doubt that in case of non-availability of a suitable candidate from SC sportsman category, the post can be filled up from SC category candidate”. This circular had not been challenged at the petitioner’s instance for the reasons best known to him.

“The answer to the question posed would be in the affirmative. Consequently, there is no option, except to dismiss the writ petition. 13. Ordered accordingly,” Justice Sindhu concluded.