HC upholds order for Haryana to consider Arjuna awardee shooters for state civil services posts
The division bench, led by chief justice Sheel Nagu and justice Sanjiv Berry, rejected the state's appeal against the April 18, 2022 order issued by justice Arun Monga, saying the case was rooted in "sound and time-tested principles of service jurisprudence" and should never have gone to court.
Policy Changed After Applications
Mittal and Verma had applied for HCS/HPS posts under the 2018 sports policy, which entitled top-performing athletes to state govt jobs.
However, the Haryana govt amended the policy on March 9, 2019, and applied it retrospectively from Sept 5, 2018, disqualifying the two shooters effectively. Calling the move deliberate and mala fide, the court ruled that such retrospective changes cannot dilute the fundamental right of the petitioners to be considered under the rules in force at the time they had applied.
Penalised for Events Not in Oly
The Haryana govt's defence centred on the fact that the shooting events in which Mittal and Verma competed were not part of the 2020 Tokyo Olympics.
Mittal had won gold in the double trap men's event at the 52nd ISSF Championship in Korea in 2018, while Verma was part of the 10m air pistol men's team. However, the court held that their exclusion based on Olympic inclusion violated the principles of fairness and legitimate expectation, particularly when they had applied in good faith under the unamended 2018 policy.
The bench imposed ₹50,000 in costs on the Haryana govt for pursuing what it termed avoidable litigation. Of this, ₹10,000 each is to be paid to Mittal and Verma, while ₹30,000 will be deposited with the high court's bar association. "This litigation ought not to have arisen in the very first place had the state of Haryana and its functionaries obtained proper legal advice," the court observed, criticising the govt's handling of the matter.
The ruling is seen as a major win for elite Indian athletes who seek recognition and public employment for their international achievements.
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