Mere participation at national level not enough to claim sports reservation: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court recently ruled that a sportsperson with mere representation at the national or international level would not be entitled to reservation under the Jammu & Kashmir Sports Policy [Suhaib Sahil v/s UT Through J&K Sports Council]..Justice Rajesh Sekhri said that the reservation is available only to those sportspersons who have not only delivered outstanding performance but are also proficient or have excelled in a particular sport.The 'Sports Quota' is a policy devised by the government and used by the educational institutions to reserve a particular percentage of seats for individuals who have achieved excellence in sports, the Court remarked."A sportsperson who has participated and secured one of the first three positions in the individual events or was a member of the team having obtained 1st, 2nd or 3rd position or has participated twice or more in the same discipline in the National championship in any sports or games as mentioned in the Schedule I annexed to the said rules, is considered as a candidate having outstanding proficiency," it added..The Court was hearing a petition moved by Suhaib Sahil, a Ball Badminton player, whose claim to a reserved seat under Sports Quota in a PhD programme had been rejected by Islamic University of Science and Technology.The J&K Sports Council had told the varsity that Sahil only had a single participation at the national level and was, therefore, not eligible for selection under the Sports Category.Sahil's argument before the Court was that the Sports Council was only required to verify his certificate and not declare him ineligible for selection. .In this backdrop, the Court considered the following question: "Whether every sportsperson with mere representation at a National or International level is entitled to the reservation under the J&K Sports Policy, regardless of his performance, position, proficiency or talent?"Having examined the J&K Sports Policy, the Court noted that it contains broader guidelines for regulation of reservation in professional courses or colleges and appointments, award and financial assistance to 'outstanding sportspersons'..Though the Court acknowledged that the Sports Policy indicates reservation for mere participation at the national or international level, it also looked at the definition of candidates possessing "outstanding proficiency” under J&K Certification of Outstanding Proficiency in Sports Rules, 2008..In the present case, the Court said the petitioner had not participated and secured one of the first three positions in the individual event or team event at a national championship."Clause 6.3.4 of the J&K Sports Policy cannot be read in isolation and if the said clause is read in conjunction with Rule 2(A)(ii) of Rules of 2008 read with Amended Rules of 2008, it is manifestly clear that petitioner is not eligible for selection under the Sports Category, for the simple reason that he has neither participated and secured one of first three positions in the individual events or the team event in a National championship," the Court said. Thus, the Court concluded that the communication sent by the Sports Council to the university was not in violation of the rules.On the argument that his certificate had been sent to the Sports Council only for authentication, the Court said,"A plain reading of rule 6.3.3 of the J&K Sports Policy would indicate that role assigned to Sports Council is not confined to examination of authenticity or genuineness or otherwise of a sports certificate, but it is the sole authority to certify the eligibility of a candidate seeking admission in professional courses under the 'Sports Quota'. In other words, respondent-Sports Council is obliged to verify and authenticate as to whether the certificates issued to a candidate fall within the purview of policy of the Government in vogue.".In conclusion, the Court said the petitioner was not eligible for selection under the sports category and rejected the plea..Senior Advocate BA Basir and Advocate Falak Bashir appeared for the petitioner.Government Advocate Jehangir Dar represented the J&K Sports Council.Deputy Advocate General Syed Musaid represented the Islamic University of Science and Technology .Advocate Ashraf Wani represented a private respondent.[Read Judgment]