Bodybuilding Recognised As ‘Species of Gymnastics,’ Eligible For 5% Sports Quota: Bombay High Court

Nagpur: In a landmark judgment redefining the contours of sports policy, the Nagpur bench of Bombay High Court last week held that "body building is a species of gymnastics" and therefore eligible for 5% reservation under Maharashtra's sports quota in govt jobs.A division bench comprising Justices Mukulika Jawalkar and Nandesh Deshpande directed the state govt to amend its July 1, 2016, government resolution (GR) within four weeks to include bodybuilding in the list of eligible disciplines. The court also quashed communications issued in 2019 and 2023 respectively by the deputy director of sports and youth services that denied recognition to bodybuilding.Allowing a petition by Deepak Pawar, a bodybuilding athlete from Buldhana who argued his case in person, the court found the state's decision to exclude bodybuilding while including other non-Olympic sports lacked rational basis. "The inclusion or limiting quota to those games which are recognised or played in Olympics, Asian, or Commonwealth Games is contrary to the objective of the policy," the bench observed.The ruling examined the evolution of Maharashtra's sports reservation policy, noting that bodybuilding was part of the eligible list under earlier GRs in 2005, 2006 and 2013, before being excluded in 2016 when eligibility was largely restricted to international disciplines, with exceptions for kabaddi, kho-kho, chess and later mallakhamb.The court held that selective inclusion created an unreasonable classification and the exclusion of bodybuilding was "arbitrary" and violated Article 14 of the Constitution.The bench noted that bodybuilding has been acknowledged through honours like the Arjuna Award. "Once such recognition is accorded at the national level, any contrary view taken by state authorities would be devoid of reasonable justification," the judgment stated.Pawar, who secured third place in the All-India Inter-University Best Physique tournament, as a student of Amravati University, argued that he pursued bodybuilding with a "legitimate expectation" of benefiting from the sports quota under the earlier policy. The court accepted this contention, observing that state policies must be implemented fairly and consistently.The bench also directed authorities to complete all consequential procedures relating to the petitioner within four weeks after incorporating bodybuilding into the policy."We put on record the sincere efforts put by the petitioner, who argued his case with passion. The assistance of counsels appearing for the respondents including assistant govt pleader Neeraj Patil helped in the ruling," the judges said.Key takeaways from HC ruling:Maha directed to amend GR of July 1, 2016 within four weeks to include bodybuildingQuashed communications of Oct 24, 2019 & March 21, 2023 denying recognition to bodybuildingRestricting eligibility to Olympic, Asian & Commonwealth Games disciplines held "arbitrary" and violative of Article 14Inclusion of select non-Olympic sports like kabaddi, kho-kho, chess and mallakhamb while excluding bodybuilding is irrationalNational recognition of bodybuilding, including Arjuna Award, cited to reject state's exclusionDoctrine of legitimate expectation upheld where denial leads to violation of constitutional rightsPetitioner's claim strengthened by prior inclusion of bodybuilding in policies from 2005 to 2013Govt ordered to complete consequential procedures for petitioner within four weeks after amendment