SrinagarJammu and Kashmir High Court has asked the government not to finalize selection of Rehbar-e-Khel even as it sought a response within four weeks on a plea contending that 60 points prescribed from the candidates having graduation with B.P ED for the post was contrary to the law laid down by the Supreme Court.
A bench of Justice Alok Aradhe passed the directions after advocate J A Kawoosa, representing the petitioners Rouheed-ul-Ashraf and others, pleaded that since it was arbitrary, the criteria be stayed.
I have considered the submission made by the counsel for the petitioners and perused the record. Taking into account the fact that the criteria fixed by the respondents (government), prima-facie appears out prevention of law laid down by the Supreme Court as well as Bench of this Court in the case of Jameel Vs State of JK & Ors, it is directed that till next date of hearing, respondents shall not finalize the process of selection for the post Rehbar-e-Khel, the court said and posted the case from further consideration on March 27.
The petitioners have pleaded that the criteria fixed by the government was based on whims and caprice, contending that sports career of the aspirants has been excluded as no weightage has been given to the players who participated in any National or International game or event. The exclusion of sports career of the aspirants was obviously based on irrelevant consideration and is contrary to the facts, thus smacking of arbitrariness which is antithetic to the norms of fairness contained in Article 14 and 16 of the constitution.
Referring to the qualification prescribedone year Diploma from National Institute of Sportsthey said it was again arbitrary as the diploma from NIS was conducted from outside state and primarily meant for the appointment of the sports coach and has no or little relevance with the object that was sought to be achieved by the implementation of the Rehbar-e-Khel policy. The inclusion of the criteria is aimed to benefit a group of students who have studied outside the state of Jammu and Kashmir.
Besides, arbitrary criteria, the petitioners have also questioned mode of engagement as the respective Districts to which aspirant, who have petitioned the court, belong have been divided into a different number of zones. The system so adopted would lead to the breach of Article 14 and 16 of the constitution, they said and urged the court to quash the criteria as well as mode adopted by the government. They have also sought directions to the government to conduct written examination for the post and reframe the criteria and the mode to be tailored in such a manner so that best merit among the aspirants could be appointed as Rehbar-e-Khel.
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