Putting to rest the legal controversy raised in more than 100 pleas on the entitlement of a sportsperson to recruitment on the basis of an advertisement issued by the Haryana Staff Selection Commission (HSSC) in 2018, the Punjab and Haryana High Court has held that the sports gradation certificate issued under the old instructions will not be relevant. The Bench of Justice Daya Chaudhary and Justice Meenakshi I Mehta ruled that the policy in force or prevalent at time of advertisement for government jobs would be relevant and taken into consideration for ascertaining the eligibility of candidates.

• The Bench also upheld the new policy after observing that sportspersons in the state had been performing quite well in recent times even at the international level.
• The state having come up with the new policy qua the guidelines and parameters to be taken into consideration by the competent authorities for issuing gradation certificates well in commensuration with the performance level of players in the state in sports events can in no way be termed as violative of Articles 14 and 16 of the Constitution.
• The pleas had been filed by candidates who applied for Group D posts advertised by HSSC in August 2018 under the eligible sportspersons category. The Bench held that sports gradation certificates issued or sought to be issued under the old instructions, circulated on November 30, 1993, would not be relevant for the posts and were required to be obtained in terms of the new policy dated May 25, 2018.
• The Bench asserted it was the employer’s prerogative to settle the criteria for jobs under a particular category to get the best employees.
• The Bench noted the old instructions only provided parameters and guidelines to be considered by the competent authorities while issuing sports gradation certificates for ascertaining eligibility for seats reserved for outstanding players in technical and medical institutions and state government jobs.
• There is nothing in the same to suggest that such certificates are meant for vesting any right in the sportspersons to get selected for government jobs under the sports Quota.