Baskori Devi v. State Of Haryana And Others

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.01.07.2019 Baskori Devi

...Petitioner

Vs State of Haryana and others ..Respondents CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Jasbir Mor, Advocate for the petitioner.

-.- AMIT RAWAL J. (ORAL) Prayer in the writ petition is for issuance of Sports Gradation Certificate by issuing direction to respondents No.3 and 4, in view of the fact that petitioner vide application dated 12.9.2018 (Annexure P-5) has already sought its issuance. In pursuance of advertisement No.4/2018 dated 25.08.2018 issued by Haryana Staff Selection Commission, Panchkula, 18218 posts of Group 'D' for different Departments of State of Haryana were advertised and last date for submission of online applications was 18.09.2018.

Petitioner is stated to have obtained 3rd position in the event of Baseball in the 43rd Haryana State School Sports Tournament held during 2008-2009 and 1st place in the event of Baseball and Softball under age group 19 in District Girls School Tournament held in the year 2008-2009 organized by the Education Department, Haryana as per sports merits certificates Annexure P-3 (colly).

-2Petitioner had submitted application for issuance of the Gradation Certificate as indicated above. Vide letter dated 01.02.2019, petitioner was appointed on the post of Peon but as per letters dated 13.05.2019 (Annexure P-12) and 30.05.2019 (Annexure P-13) issued by Director, Women and Child Development Haryana, petitioner has been called upon to provide Sports Gradation Certificate issued by the District Sports Officer upto 15.06.2019.

Mr. Jasbir Mor, learned counsel appearing for petitioner submitted that instructions dated 30.11.1993 (Annexure P-17) under subject of reservation of seats for outstanding players would be applicable and also sports certificate as per condition No.3 under the State Level Competitions. Earlier sports certificates were issued by Director, Sports & Youth Welfare Department but in view of new policy promulgated on 25.05.2018, such certificate is issued by District Sports and Youth Affairs Officer of concerned district. The petitioner is required to submit sports certificate but no action has been taken by respondents so far on application of petitioner. Notice of motion.

Mr. Hitesh Pandit, Addl. A.G., Haryana accepts notice for respondents.

Facts as narrated above are not in dispute, particularly, letter of appointment dated 01.02.2019 and letters dated 13.05.2019 and 30.05.2019 calling upon petitioner to submit Sports Gradation Certificate issued as per policy dated 25.05.2018 issued by District Sports and Youth Affairs Officer of concerned district i.e. respondent No.4.

-3Without expressing on merits and demerits of matter, I dispose of writ petition by issuing direction to respondent No.4 to consider application dated 12.09.2018 (Annexure P-5) for issuance of Sports Gradation Certificate in view of her Sports Merit Certificates (Annexure P-3 (colly) within a period of four weeks from the date of receipt of certified copy of this order.

At this stage, Mr. Mor seeks protection of service of petitioner in view threat perception reflected in the letter dated 30.05.2019 (Annexure P-13), as last date for submission of aforementioned certificate was 15.06.2019. Till such time, petitioner is permitted to discharge her duties as Peon. (AMIT RAWAL) JUDGE July 01, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No