Srinagar- The High Court of J&K and Ladakh on Tuesday held that every sportsperson with mere representation at a National or International level is not entitled to reservation under the J&K Sports Policy, regardless of his performance, position, proficiency or talent.
Dismissing a petition, a bench of Justice Rajesh Sekhri observed that the legislative intent of the rule-making authority is evident from the use of words “Outstanding” and “Proficiency” in the J&K Certification of Outstanding Proficiency in Sports Rules, 2008. The rules specify that reservation is available only to the sportspersons, who have not only achieved an outstanding performance but are proficient or have excelled in a particular sports or achieved or secured one of the first three positions or participated twice or more in the same discipline in the National championship to their credit.
“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,” the court said underlining that J&K Sports policy aims to promote “Outstanding” and “Proficient” sportspersons by providing them with opportunities for education, employment and/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 (IUST) 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,” the court said as it rejected a petition filed by one S. Sahil, challenging his exclusion for admission to Ph.D Programme (Full Time), issued by the Islamic University of Science and Technology, Awantipora last year.
The petitioner had applied for admission in the discipline of Civil Engineering under Sports Category and later his sports certificates were sent by varsity’s Assistant Registrar Academics for verification to the Secretary J&K Sports Council Srinagar. However, the Sports Council conveyed to the University that petitioner, having single participation at the National level, is not eligible for selection under the Sports Category.
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