Extracted from the PDF above. The PDF is authoritative.
Sourabh Vs. HPSEBL & Ors.
CWP No. 2196/2025 02.05.2025 Present: Mr. Vinod Thakur, Advocate, for the petitioner. Mr. Piyush Rathore, Advocate, for respondents No.1 &
2. Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Leena Guleria and Ms. Menka Raj Chauhan, Deputy Advocates General and Mr. Rajat Choudhary, Assistant Advocate General, for respondents No.3 & 4. Mr. Shiv Pal Manhans, Advocate, for respondent No.5.
CMP No. 9316/2025 & CWP No. 2196/2025 Notice. Mr. Piyush Rathore, learned counsel, Mr. Rajat Choudhary, learned Assistant Advocate General and Mr. Shiv Pal Manhans, learned counsel, accept notice on behalf of respondents No.1, 2, & 3, 4 and 5 respectively.
2. Petitioner’s case is that he had applied for post of Junior Engineer (Electrical) under sports quota on contract basis with the respondent-HPSEBL. Vide office communication dated 12.11.2024 (Annexure P-5), petitioner was directed to remain present before the Departmental Selection Committee on 25.11.2024 alongwith original documents mentioned in the said office communication. Petitioner complied with the direction, however, he was not informed by the respondent-HPSEBL about the fate of his application/selection against the post of Junior Engineer (Electrical). Pursuant to information supplied to the petitioner
under Right to Information Act on 18.03.2025 (Annexure P- 6) he became aware of the fact that since his name had been sponsored by respondent No.5 against “Wushu C-IV(V) game”, but the same was not covered under the instructions issued by the State Personnel Department in its letter dated 22.10.2018 as adopted by HPSEBL, therefore, he was not eligible for appointment of Junior Engineer post under the sports quota.
3.
Learned counsel for the petitioner submits that reason for not considering petitioner eligible for the post of Junior Engineer (Electrical) under the sport quota as assigned in the information supplied to him on 18.03.2025 are factually incorrect. Learned counsel has referred to an office circular dated 02.08.2008 (Annexure P-7) that provides reservations to the distinguished sport persons in various services under the State Government. As per Annexure P-7, Wushu figures at serial No.42 of the list of the games/sports, which qualify for consideration for appointment to Class-I to IV posts/services
under
the
State Government/Boards/Corporations, etc. Attention was further invited to office communication/circular dated 22.10.2018, whereby some amendments were carried out in the list appended with office circular dated 02.08.2008 inasmuch as in place of game “Karate-Do” figuring at serial No.22 in
Annexure-A attached with the said communication/circular, the word ‘Karate’ was to be substituted. Serial No.42 ‘Wushu’ had not been ordered to be taken away from the list of games recognized for the purpose of appointment in the services.
4. There is force in the submissions made by
learned counsel for the petitioner. Prime facie, at this stage, it appears
that
Annexure-A
appended
with communication/circular dated 22.10.2018 (Annexure P-9) has some typographical errors and for that reason it stops at serial No.41 and does not include serial Nos.42 & 43, which otherwise were included in the instructions/circular dated 02.08.2008 and for deletion of which, there is no order passed by any authority. In view of above, petitioner has made out a case for grant of interim relief. Accordingly, it is ordered that till the next date, one post of Junior Engineer (Electrical) under sports quota, shall not be filled up by the respondents. Reply be filed within two weeks. List thereafter.
Jyotsna Rewal Dua Judge 2nd May, 2025 (rohit)