Court finds exclusion of 'Body Building' from reservation policy violates Article 14, directs inclusion within four weeks.
In a landmark judgment, the Bombay High Court's Nagpur Bench has directed the State of Maharashtra to include 'Body Building' in its sports quota for government jobs, highlighting a violation of Article 14 of the Indian Constitution due to the arbitrary exclusion of the sport. The writ petition filed by Deepak Asaram Pawar sought the inclusion of 'Body Building' in the sports reservation policy, arguing that its exclusion, despite recognition at the national level, was discriminatory and unconstitutional.
The bench, comprising Justices M.S. Jawalkar and Nandesh S. Deshpande, found that the State's policy, which limited reservations to sports recognized in the Olympics, Asiad, and Commonwealth Games, along with select Indian games like Chess, Kabaddi, Kho-Kho, and Mallakhamb, lacked reasonable justification for excluding 'Body Building.' The court held that this exclusion was arbitrary and violated the principles of fairness and legitimate expectation under Article 14.
The court emphasized the importance of aligning state policies with national recognition, noting that 'Body Building' had been acknowledged by the Government of India through awards like the Arjuna Award. The judgment underscored that state actions must be grounded in fairness and transparency, discarding any colonial notion of arbitrary discretion.
In its order, the court quashed previous communications and resolutions that excluded 'Body Building' and directed the inclusion of the sport in the government resolution within four weeks. The decision is seen as a significant step in ensuring equitable treatment of sports and athletes across various disciplines in government employment policies.
Bottom Line:
Inclusion of 'Body Building' in sports quota for government jobs upheld, noting its recognition at the national level and alignment with the principle of legitimate expectation under Article 14 of the Constitution.
Statutory provision(s): Article 14 of the Constitution of India, Doctrine of Legitimate Expectation, Doctrine of Promissory Estoppel.
