High Court of Judicature at Bombay Allows Writ Petition Against Cancellation of 5% Sports Reservation Eligibility Certificate. Cancellation of Certificate Granted Under Government Resolution Dated 1 July 2016 Set Aside, Petitioner’s Runner-Up Achievement in Inter-University Competition Recognized.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The petitioner, a Kabaddi player who represented Mahatma Phule Krishi University, Rahuri and secured runner-up position in the All India Agricultural Universities Sports & Games Meet 2015-16 at Tamil Nadu Agricultural University, Coimbatore, was granted an eligibility certificate dated 15 March 2019 recognizing her as a meritorious sports person eligible for 5% reservation in state services under Government Resolution dated 1 July 2016. Respondent no. 2-Deputy Director, Sports & Youth Services, Pune Division cancelled the certificate on 3 October 2022, depriving her of the reservation benefit. The petitioner’s first and second appeals before respondents 3 and 4 were dismissed. She filed the present writ petition seeking quashing of the cancellation order and subsequent appellate orders, and restoration of the eligibility certificate. The High Court issued rule and heard the matter finally with consent of parties.

Issue of Consideration

Whether the cancellation of the eligibility certificate dated 15 March 2019 by respondent no. 2 was valid and whether the petitioner is entitled to the 5% reservation benefit under the Government Resolution dated 1 July 2016.

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Law Points

  • Government Resolution dated 1 July 2016
  • 5% reservation for meritorious sports persons
  • eligibility certificate
  • cancellation of certificate
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Case Details

2025 LawText (BOM) (04) 141

Writ Petition No. 14632 of 2022

2025-04-30

G. S. Kulkarni, Advait M. Sethna

2025:BHC-AS:19778-DB

Mr. Bharat Gadhavi a/w. Mr. Vinayak Shelar, Mr. Sarvesh Deshpande i/b. Tejesh Dande & Associates for the petitioner; Mr. S. S. Bhende, AGP for the State

Jayashree Tanaji Salunkhe

1. The State of Maharashtra, Through the School Education and Sports Dept., 2. The Deputy Director, Sports & Youth Services, Pune Division, 3. The Assistant Director, Sports & Youth Services, Pune Division, 4. The Commissioner, Sports & Youth Services, Pune Division, 5. Maharashtra Public Service Commission

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Nature of Litigation

Writ petition under Article 226 of the Constitution challenging cancellation of eligibility certificate for sports reservation.

Remedy Sought

Quashing of order dated 3 October 2022 and subsequent orders, and restoration of eligibility certificate dated 15 March 2019.

Filing Reason

Respondent no. 2 cancelled the eligibility certificate recognizing petitioner's eligibility for 5% reservation under Government Resolution dated 1 July 2016, depriving her of benefits.

Previous Decisions

Petitioner had filed first and second appeals before respondent nos. 3 and 4 which were dismissed.

Issues

Whether the cancellation of the eligibility certificate dated 15 March 2019 by respondent no. 2 was valid in light of the Government Resolution dated 1 July 2016?

Submissions/Arguments

Petitioner argues that she meets the criteria for sports reservation having secured runner-up in an inter-university competition, and the cancellation of her eligibility certificate is illegal and arbitrary.

Judgment Excerpts

The petitioner is before the Court being aggrieved by the impugned decision dated 3 October, 2022, rendered by respondent no. 2-Deputy Director, Sports & Youth Services, Pune Division cancelling an eligibility certificate dated 15 March, 2019 granted to the petitioner (being a meritorious sports person) whereby recognizing her to be eligible to avail the benefit of 5% reservation inter alia in the services of the State Government. the petitioner participated in the All India Agricultural Universities, Sports & Games Meet 2015-16 held at Tamil Nadu Agricultural University, Coimbatore and secured ‘Runner-up’ position in Kabaddi.

Procedural History

Petitioner filed writ petition challenging order dated 03.10.2022 cancelling eligibility certificate and subsequent appellate orders dismissing first and second appeals. Rule issued, heard finally.

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