Kiran Raj

The Rajasthan High Court recently dismissed petitions challenging the exclusion of Yoga certificates from eligibility for bonus marks in a state recruitment process. The court upheld the respondents’ decision to deny marks for Yoga participation, citing a 2016 communication from the Ministry of Youth Affairs and Sports, which clarified that Yoga cannot be classified as a sport due to the absence of standardized competitions. The judgment affirmed that recruitment rules in force at the time of application must govern eligibility criteria, rejecting retrospective claims based on subsequent notifications.

 
Two petitioners, Sita Ram and Govind Ram, approached the court contesting the Rajasthan Subordinate and Ministerial Service Selection Board’s (RSMSSB) revision of their marks for the post of Physical Training Instructor (PTI) Grade III. The recruitment, advertised on May 4, 2018, granted bonus marks for sports achievements at district, state, national, or international levels. Both petitioners claimed eligibility for bonus marks based on certificates from their participation in the All India Inter-University Tournament (A.I.I.U.T.) in Yoga during their academic tenure.

Initially, Sita Ram was awarded 28 marks for his Yoga certificate, raising his total score to 213.9129, above the OBC category cut-off of 207.7255. However, during document verification, the RSMSSB reduced his sports marks to zero, citing a 2016 communication from the Ministry of Youth Affairs and Sports. This communication stated that Yoga, despite earlier recognition, could not be termed a sport due to the impracticality of standardized competitions. The petitioners argued that the communication was not binding on state authorities and cited prior instances where the Rajasthan Public Service Commission (RPSC) had awarded marks for Yoga certificates in similar recruitments.

The respondents countered that the 2016 communication explicitly excluded Yoga from recognized sports disciplines. They emphasized that the RSMSSB’s advertisement mandated adherence to central government guidelines for sports recognition. The petitioners’ reliance on RPSC’s past practices was dismissed as irrelevant, as the RPSC was not involved in the current recruitment process.

The court examined the 2016 communication (Annexure-9) issued by the Ministry of Youth Affairs and Sports, which stated: “Yoga has various dimensions/arms in which competitions are not possible. Hence, it was agreed that Yoga cannot be termed as a sport. Consequently, it may not be appropriate to recognize any organization as NSF for Yoga.”

Justice Arun Monga observed that the communication “leaves no manner of doubt that even if Yoga is categorized as Sports as is the assertion of the petitioners, even then no benefit of the same can be given to the petitioners since it is not feasible to hold any competitive sports tournaments of Yoga.” The court further noted that eligibility criteria must align with rules applicable at the time of application, rendering a 2020 notification cited by the petitioners irrelevant.

Regarding the petitioners’ reference to RPSC’s past practices, the judgment recorded: “The said recruitment was not conducted by the answering respondent, and neither the said person nor the RPSC is a party to the present matter. Therefore, the answering respondent cannot make any comment on this issue.”

 
The court dismissed both petitions, stating: “As an upshot, no ground to interfere. Dismissed. Pending application(s), if any, stand disposed of.” No interim relief or appointment was granted, as the petitioners’ revised scores fell below the cut-off after the removal of Yoga-related marks.

Case Title: Sita Ram vs. State of Rajasthan & Ors.; Govind Ram vs. State of Rajasthan & Ors.
Case Numbers: S.B. Civil Writ Petition No. 15274/2019; S.B. Civil Writ Petition No. 14273/2019
Bench: Justice Arun Monga

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