Jayashree Tanaji Salunkhe v. The State of Maharashtra

1. Rule, made returnable forthwith. Respondents waive service. By consent 30 April, 2025 2025:BHC-AS:19778-DB of the parties, heard finally.

2. The petitioner is before the Court being aggrieved by the impugned decision dated 3 October, 2022, rendered by respondent no. 2-Deputy Director, Sports & Youth Services, Pune Division cancelling an eligibility certificate dated 15 March, 2019 granted to the petitioner (being a meritorious sports person) whereby recognizing her to be eligible to avail the benefit of 5% reservation inter alia in the services of the State Government. The petitioner was granted such eligibility certificate as she achieved the runners-up trophy in the Inter-University Sports Competition of Agricultural Universities held in Tamil Nadu stands cancelled. By the impugned decision, the petitioner is deprived of the benefits of 5% reservation under the policy of the State Government under Government Resolution dated 1 July, 2016. The substantive prayers as made in the petition are required to be noted, which reads thus: “a) This Hon’ble Court may kindly be pleased to issue a Writ of Certiorari or any other Writ in the like nature thereby quashing and setting aside the Order dated 3.10.2022 passed by the respondent no. 2 as well as the subsequent orders passed by respondent no. 3 and 4 thereby dismissing the First and Second Appeals preferred by the present petitioner; b) That this Hon’ble Court may kindly be pleased to stay the effect, execution and implementation of the Order dated 3.10.2022 passed by the respondent no. 2 thereby cancelling the Eligibility Certificate dated 15.3.2019.”

3. It is the case of the petitioner that she is a student who has completed her graduation and post-graduation from the Mahatma Phule Krishi University, Rahuri, Ahmednagar. She is a Kabaddi player and has participated at the State and National level tournaments held in the State as also in different states. The petitioner in the month of February, 2016 (22 February, 2016 to 26 February,

2016) participated in the All India Agricultural Universities, Sports & Games Meet 2015-16 held at Tamil Nadu Agricultural University, Coimbatore and secured ‘Runner-up’ position in Kabaddi.

4. It is the petitioner’s case that the State Government has promulgated a policy under Government Resolution dated 1 July, 2016 whereby 5% reservation has been recognized in government, semi-government and other fields for the meritorious sports persons in the State. In the said Government Resolution, the criteria being recognized in respect of sports and relevant insofar as the petitioner is concerned, reads thus: “2. Criteria in respect of sport: Part Criteria related to sport (as per Schedule-A) Eligibility related to sport Individual Competition Team Competition A ……. B …… vi. Akhil Bharatiya Inter- University Sports Competition Any plyer from Maharashtra while representing India/Maharashtra/Un iversity shall have achieved First, Second or Third Position/ Gold, Silver or Bronze Medal/ (OR) International Grandmaster Title Any Indian/Maharasht rian /University team which includes a player from Maharashtra shall have achieved First, Second or Third positiion/ Gold, Silver or Bronze Medal/ Participation in the Olympics.

5. The aforesaid Government Resolution was modified by further Government Resolution dated 10 October, 2017, however, the aforesaid criteria has remained unchanged.

6. On 14 February, 2019, the petitioner applied for Eligibility Certificate as per the said Government Resolutions dated 1 July, 2016 and 10 October, 2017. The petitioner’s application was considered on merits and the petitioner was held to be entitled for issuance of a certificate of eligibility. Accordingly, on 15 March, 2019, the petitioner was granted a certificate of eligibility. After having received the said certificate, the petitioner appeared for different examinations including the examinations held by Maharashtra Public Service Commission between the period from 2019 to 2022. Presently the petitioner has appeared for the preliminary examination and now she would be appearing for the final examination. However, what has transpired is that an action was initiated by respondent no. 2 against the petitioner, by issuance of a notice to show cause, as to why the petitioner’s eligibility certificate dated 15 March, 2019 ought not be cancelled. On the ground that she participated in the said competition not in the category of “Akhil Bharatiya Inter-University Sports Competition”. The show cause notice was responded by the petitioner contending that she had qualified the criteria as set out in the Government Resolution and as noted by us hereinabove. After a hearing was granted to the petitioner, by the impugned order dated 3 October, 2022 respondent no. 2 cancelled the eligibility certificate on the ground that the petitioner does not fit into the eligibility criteria of having participated in the “Akhil Bharatiya Inter-University Sports Competition”, inasmuch as her participation was in the all India Inter-Agricultural Universities Sports Competition. The impugned order is required to be noted, which reads thus: “(Official Translation of a photocopy of a Order, typewritten in Marathi)

GOVERNMENT OF MAHARASHTRA Deputy Director, Sports and Youth Services, Pune Division, Pune. Divisional Sports Complex, Survey No. 191, Maharashtra Housing Board, Opp. Moze High School, Yerwada, Pune 411006. Telephone No. 020-26688735 E-mail: deputypune@gmail.com Outward No.D.D./S.E./Eligibility Certificate/18-19/Y.No.1849/D-7/939 Date: 3rd October, 2022 Subject:- To cancel the Sports Eligibility Certificate for 5% reservation for the sports-persons in the State who have acquired proficiency in sports, in the jobs in Government, Semi-Government and other sectors Reference:- 1. Government Resolution No. N.S.P.-2002/ M.No. 68/S.Y.P.-2/dated 01.07.2016, bearing Even Number dated 27.03.2017, dated 10.10.2017 and dated 30.06.2022, issued by the School Education and Sports Department.

2. Your application dated 14.02.2019 for verification of Sports Certificate

3. Letter bearing Even Number, dated 15.03.2019 of this Office. ORDER:- In connection with the above mentioned subject and reference, Smt. Jayashree Tanaji Salunke, at and post Morochi, Tal. Malshiras, District Solapur – 413109 had participated in Kabaddi sport in the 16th All India Agricultural Inter-Universities Sports and Games Meet, 2015-16, organized by Tamilnadu Agricultural University at Coimbatore during the period from the date 22nd to 26th February, 2016 and had acquired second rank and therefore, she had submitted application on the date 14.02.2019 for verification of the Certificate under 5% reservation for sports-persons. Accordingly, from the Records maintained in this Office, it is found that vide this Office’s letter referred to hereinabove at Sr. No.3, a Report has been given to the effect that she fulfills the eligibility criteria under 5% reservation for sports-persons for the jobs in Group B, C and D. Vide the Government Resolution No. N.S.P.-202/M.No.68/S.Y.S./--2 dated 1st July, 2016, issued by the School Education and Sports Department, the Government has taken a Policy decision that the Certificates of only the sports competitions which are included in the All India Inter-University Sports competitions shall be eligible for 5% reservation for sports-persons. The All India Agricultural Inter-University Sports Competition is not included therein. However, in the present matter, prima-facie, as it came to the notice that the Certificate issued vide this Office’s letter referred to hereinabove at Sr.No.3 was wrongly issued, it was found to be necessary to cancel the same. Hence, hearing was scheduled on the date 6th September, 2022 for giving an opportunity to the Candidate concerned to putforth her say as to why the said Certificate should not be cancelled. Accordingly, the candidate was present for the said hearing. During the course of the said hearing, the candidate has given explanation in writing on the below-mentioned points. As mentioned in her explanation in writing, she has brought the below-mentioned points to the notice. Smt. Jayashree Tanaji Salunke, at and post Morochi, Tal. Malshiras, District Solapur – 413109 had participated in Kabaddi sport in the 16th All India Agricultural Inter-University Sports and Games Meet, 2015-16, organized by Tamilnadu Agricultural University at Coimbatore during the period from the date 22nd to 26th February, 2016 and it has come to the notice that on the basis of the said Certificate of her acquiring second rank, the Certificate Verification Report had been issued. Smt. Jayashree Tanaji Salunke is not presently doing a job in any Government or Semi-Government Office anywhere on the basis of the said Certificate. On taking the points putforth by the Candidate into consideration, the verification of the Certificate of Smt. Jayashree Tanaji Salunke in respect of her performance in the above-mentioned All India Agricultural Inter-University competition, has been made in accordance with the provisions of the Government Resolution No. N.S.P.-202/ M.No.68/S.Y.S./-2/dated 1st July, 2016 and Government Resolution No. N.S.P.-202/M.No.68/S.Y.S./-2/dated 10th October, 2017 issued by the School Education and Sports Department. However, the All India Agricultural Inter-University Competition has not been included in the said Government Resolutions and therefore, a decision is taken under this Order to cancel the Certificate Verification Report and Form No.2 issued under the letter referred to hereinabove at Sr.No.3. Smt. Jayashree Tanaji Salunke is hereby informed that the Certificate Verification Report for 5% reservation for sports-persons issued under the Letter referred to at Sr.No.3 above is hereby cancelled and she is hereby directed that she should not use the said Certificate for job under 5% reservation in Government, Semi-Government and other sectors or else, legal action shall be taken against her as per Rules, which she may take a note of it. If you have any objection about the aforesaid Order, you may prefer First Appeal to the Joint Director, Sports and Youth Services, Maharashtra State, Shiv Chhatrapati Sports Complex, Mahalunge Balewadi, Pune, within a period of two months from the date of receipt of this decision. (Signature Illegible) (Mahadev Kasagawade) Deputy Director, Sports and Youth Services, Pune Division, Pune. To, Smt. Jayashree Tanaji Salunke, at and post Morochi, Tal. Malshiras, District Solapur – 413109. Copy respectfully submitted for information to the Commissioner, Sports and Youth Services, Maharashtra State, Pune.”

7. The petitioner being aggrieved by such decision preferred First Appeal, however, the same was rejected and it is in these circumstances, the present petition has been filed.

8. A detailed reply affidavit inter alia dealing the petition para-wise has been filed on behalf of the State Government of Mr. Mahadeo Aba Kasgavade, Deputy Director, Sports & Youth Services, Pune Region, Pune/respondent no. 2. The reply affidavit has sought to justify the impugned decision as it appears in the impugned order and that a further appeal would be available to the petitioner. The relevant averments made in paragraph 16 of the reply affidavit to support the impugned decision are required to be noted, which reads thus:

9. We have heard learned counsel for the parties. We have also perused the record. Having examined the eligibility criteria as set out in the Government Resolution dated 1 July, 2016 and as reiterated in the subsequent Government Resolution dated 10 October, 2017, which we have noted hereinabove, we are of the clear opinion that when paragraph 2(B)(vi) refers to “Akhil Bharatiya Inter- University Sports Competition”, it connotes a broad categorization of the nature of the sports competition. In our opinion, such categorization necessarily needs to include an “All India Inter-Agriculture Universities Sports Competition” of the nature in which the petitioner had participated, which was an All India Agricultural Universities, Sports & Games Meet, 2015-16 held at the Tamil Nadu Agricultural University, Coimbatore. This also for the reason that in the system as prevalent in the country, there are different categories of Universities. A student who is receiving education in an Agricultural University may not be a student who would be recognized to be a student of non-agricultural University, as these are two different categories of Universities. The respondents have also not brought to our notice that there is any All India competition between Agricultural Universities and non-Agricultural Universities and/or such combined competition. If that be so, then the eligibility clause as noted by us hereinabove would be required to be meaningfully read and interpreted. A meaning which would further the intention of such clause and the fulfillment of the broad classification as intended by it and the Government Resolution, needs to be recognized. However, the Deputy Director has taken a very narrow and pedantic approach of such eligibility criteria, without applying his mind that there are different classes of Universities and has purely and mechanically gone on an erroneous reading of the said clause. We may observe that the petitioner was qualified/eligible to be granted the eligibility certificate whose application was appropriately examined on the earlier occasion and rightly so, an eligibility certificate dated 15 March, 2019 was issued in favour of the petitioner. However, for the reasons which are patently arbitrary, such certificate was sought to be revoked by the impugned order as assailed in the petition.

10. In our clear opinion, the reason to reopen the petitioner’s case and cancel the eligibility certificate for the aforesaid reasons was arbitrary and in fact not supported by the Government Resolutions in question, which was sought to be differently interpreted from the manner it was initially interpreted and applied in rightly issuing eligibility certificate to the petitioner.