CRVW-113/09 (CW-7710/06) (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Review Petition No.113/2009 In S.B. Civil Writ Petition No.7710/2006 State of Raj. & Ors. Vs. Kamal Kumar Sharma Date Of Order :: 03/08/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. N.A. Naqvi, AAG, for petitioners. Mr. Rajendra Soni, for respondent. Heard on application u/s.5 of Limitation Act. This Court is satisfied with the explanation furnished. Application stands allowed and the delay is condoned. Instant review petition has been filed by the State of Rajasthan arises from the order of this Court dt.19.5.08 passed in CWP-7710/06. However, while accepting writ petition respondents were directed to consider candidature of the petitioner after adding three bonus marks for his participation in Rajasthan Univ. Inter-Collegiate Tournament, 1992 and in case the persons lower in merit got appointment, he may also be considered for appointment from the date juniors were appointed. It has informed to this Court that subject to outcome of the present review petition, writ petitioner has been given CRVW-113/09 (CW-7710/06) (2) appointment obviously subject to outcome of the review petition vide order dt.18.8.09 and almost a year by now he is serving the department. Learned Additional Advocate General submits that petitioner was not entitled for grant of three bonus marks in terms of their circular (Annx.2) dt.6.8.98. He further submits that respondent petitioner infact had participated in Inter-Collegiate Tournament at District Level which makes him entitled for grant of only 1 bonus mark and if that is taken note of while passing the order adding three bonus marks on account that he had participated in Inter-Collegiate Tournament at the State Level seems to be apparent error being committed while passing the order of which review has been sought. Mr. Naqvi, AAG, has further tried to persuade this Court that the document (Annx.5) which is in regard to his participation in Inter-Collegiate Tournament is at District Level and certainly make him entitled for grant of one bonus mark. He also submits that after one bonus mark is awarded to the writ petitioner, he was not eligible to be considered in merit. In support of the submissions, he placed reliance on the judgment of the Division Bench of this Court dt.14.11.06 CRVW-113/09 (CW-7710/06) (3) rendered in D.B. Civil Special Appeal No.450/2006-State of Raj. & Ors. Vs. Raees Ahmed Qureshi, along with other connected appeals. It appears from the record that the petitioner specifically averred in the writ petition that he is entitled for grant of three bonus marks. However, respondent in reply while contesting the writ petition averred that it has not been countersigned in absence whereof the petitioner was not entitled for grant of bonus marks but at the same time it has not been controverted by the respondent and that in the absence of the certificate being countersigned, what will be the effect of bonus marks which the petitioner was entitled for. Taking note thereof and since the specific plea was raised by the petitioner and remain un- controverted that countersigned will not in any manner deprive him from grant of bonus marks since it is not requirement this Court has awarded three bonus marks and accordingly his merit was assessed and observed to consider for appointment. Even if there appears to be some substance in what has been urged by counsel for review petitioner that petitioner was entitled for one bonus marks in place of 3, which has been considered by this Court, since the CRVW-113/09 (CW-7710/06) (4) petitioner has been given appointment in August,2009 and working for almost a year, taking note thereof, this Court is not inclined to entertain the present review petition and accordingly same stands dismissed. (Ajay Rastogi),J. VS Shekhawat/-p.4 113crvew09Aug03FnlDsps.doc