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Judgment
Nidhi Gupta, J.
Present Civil Writ Petition under Articles 226/227 of the Constitution of India has been filed by the petitioner for the issuance of an appropriate writ, order or direction, including a writ in the nature of certiorari for quashing the impugned speaking order dated 08.05.2024 (Annexure P-8) passed by respondent no.3, whereby claim of the petitioner for appointment as per the Haryana Outstanding Sports Persons (Recruitment and Conditions of Service) Rules, 2018 notified on 05.09.2018 has been rejected on totally flimsy and erroneous grounds; the same being prima-facie erroneous and against the judgment rendered by this Hon'ble Court in C.W.P No. 19244 of 2019; AND/OR further, for issuance of a writ in the nature of mandamus directing the official respondents to appoint the petitioner on the relevant post as per Haryana Outstanding Sports Persons (Recruitment and Conditions of Service) Rules, 2018 notified on 05.09.2018.
It is inter alia submitted by ld. counsel for the petitioner that petitioner is a Para Athlete. Petitioner had participated in 3rd Asian Para Games, held from 06.10.2018 to 13.10.2018 in Jakarta, Indonesia. Having participated as above, as per the Haryana Outstanding Sports Persons (Recruitment & Conditions of Service), Rules, 2018 notified by the Govt. on 05.09.2018 (Annexure P-2) (hereinafter ‘Rules, 2018’), Petitioner is entitled to appointment on Group-A post. Petitioner had accordingly applied on 26.11.2018. Subsequently, the above said Rules 2018 came to be amended with retrospective effect vide Notification dated 9.3.2019.
Notwithstanding the above vide letter dated 10.04.2024 (Annexure P-6), the respondents had written to the petitioner asking the petitioner to “submit the original copy of verification of the certificate of Asian Para Games 2018 issued by the Paralympic Committee of India to the Department within 15 days”. Petitioner had duly supplied the said documents to the respondents vide letter dated 16.04.2024 (Annexure P-7). Despite that, respondents, vide impugned order dated 09.05.2024 (Annexure P-8) have rejected application of the petitioner on the following grounds: -
“In compliance with the above stated orders of the Hon'ble High Court dated 20.10.2023, 05.09.2023 and the application dated 26.11.2018 of the petitioner was examined alongwith record. After examination it is found that the petitioner has not submitted his application form in proper manner i.e. he has not attached the original verification certificate issued for his achievement of Silver Medal (Athletics-Club Throw) in Asian Para Games 2018 held in Indonesia, Jakarta, by the concerned recognized National Sports Federation and signed by the President or Secretary General of the said organization. The concerned recognized National Sports Federation in the present matter is the Paralympic Committee of India.”
Learned counsel submits that above said reason cited by the respondents for rejecting the application of the petitioner is factually incorrect as, as demonstrated above, petitioner has supplied the documents to the respondents vide letter dated 16.04.2024 (P-7).
It is submitted that even otherwise, the said issue stands settled by learned Singe Judge vide judgment dated 18.04.2022 passed in CWP-6584-2019 and CWP-7651-2021 raising grievance of similarly situated persons as the present petitioner in the Haryana Civil Services/Haryana Police Services (HCS/HPS) on the strength of their credentials in the field of sports under the Rules, 2018. The said judgment was challenged by the respondents by way of LPA-691-2022 titled as State of Haryana & others vs. Abhishek Verma; which has been dismissed by a Division Bench of this Court vide order dated 17.07.2025, relevant extract of which is as under:-
“4.1State of Haryana appears to be labouring under a misconception by turning a Nelson's-eye to the settled principle of Service Jurisprudence that once the process of recruitment commences, the Rules of recruitment cannot be changed midway. This principle is founded upon the fact that Article 16 of the Constitution extends fundamental right to every person for being considered for public employment. This right cannot be curtailed by any statutory provision. However, it cannot be stretched to the extent of claiming fundamental right to appointment. The reason being that consideration for public employment for all persons eligible under the Recruitment Rules is a fundamental right but that by itself cannot mature into fundamental right of appointment because for consideration to mature into an appointment requires satisfaction of various terms and conditions and provisions laid down in the Recruitment Rules or executive instructions framed for the purpose of testing the suitability of a particular eligible candidate.
4.2Testing the factual matrix of these cases on the anvil of the aforesaid principles of service jurisprudence, the learned Single Judge rightly found that the petitioners, who had applied when 2018 Rules were in vogue, ought to be considered under the said 2018 Rules and not under the amended Rules which came into existence on 09.03.2019 (notwithstanding having been given effect to retrospectively).
4.3The act of the State in making amendment on 09.03.2019 to have effect retrospectively from 05.09.2018 appears to be a deliberate act to scuttle the legitimate claim of the petitioners (respondents herein), which had matured made under the 2018 Rules. Retrospectivity of the amendment in 2018 Rules cannot dilute the fundamental right acquired by the petitioners of being considered for public employment under the Rules of 2018 existing at the time of making applications.”
He accordingly prays that the present Writ Petition be allowed; and prays for “issuance a writ in the nature of nature of mandamus directing the official respondents to appoint the petitioner on the relevant post as per Haryana Outstanding Sports Persons (Recruitment and Conditions of Service) Rules, 2018 notified on 05.09.2018.”
Per contra, learned State Counsel has submitted that the petitioner submitted his application dated 26.11.2018 for a Government job under the Service Rules, 2018, on the basis of his sports achievement, i.e. Silver Medal in Asian Para Games, 2018, held in Indonesia, Jakarta from 06.10.2018 to 13.10.2018, in the Sports Department, Haryana (Athletics-Club Throw). The application dated 26.11.2018 was examined under Rules, 2018 in compliance with the order dated 20.10.2023 passed in Civil Writ Petition No. 7951 of 2021 titled as Dharambir Vs. State of Haryana and another. After examination of the said application, it was found that the petitioner did not submit his application form in proper manner i.e. he has not attached the original verification certificate issued for his achievement of Silver Medal (Athletics- Club Throw) in Asian Para Games, 2018 held in Indonesia, Jakarta, by the concerned recognized National Sports Federation and signed by the President or Secretary General of the organization. The concerned recognized National Sports Federation in the present matter is the Paralympic Committee of India. It is submitted, that therefore, the petitioner is not entitled for appointment.
Ld. State Counsel is, however, unable to deny that petitioner had subsequently submitted the required documents vide letter dated 16.04.2024 (P-7). Ld. State counsel is also unable to dispute that the present case is covered by the ratio of judgment dated 17.7.2025 passed by a Division Bench of this Court in LPA-691-2022.
No other argument has been raised on behalf of learned counsel for the parties. I have heard learned counsel and perused the case file in detail. I find merit in the submissions of the petitioner.
Keeping in view the above noted undisputed factual and legal position, the present Writ Petition stands allowed; and respondents are directed to consider the case of the petitioner for appointment to Group-A post in terms of the aforesaid judgments.
Pending application(s) if any also stand(s) disposed of.