CW 5971/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5971/2006 Shiv Raj Versus State & (3) Ors. Date of Order ::: 10/12/08 Hon'ble Mr. Justice Ajay Rastogi Mr. KC Sharma, for petitioner Mr. Mahesh Chand Gupta, Addil. Govt. Advocate for respondent State Mr. S.K.Pareek for Mr. Hari Baretth, for respondent NO.4 Instant petition has been filed seeking fair consideration for appointment to the post of Physical Teaching Instructor Gr.III (“P.T.I.”). Indisputably petitioner was eligible for the post of P.T.I., which is included in the Schedule appended to the Rajasthan Educational Subordinate Service Rules, 1971 (“Rules, 1971”). While preparing merit of respective applicants, petitioner was entitled for (10) bonus marks, if he/she has participated in Inter-College sports tournament, he participated inter-college Volley -Ball tournament 2001-02, for which Maharashi Dayanand University issued him a certificate on 09/09/2001 (Ann.1). However, while merit list being prepared by respondents in pursuance of advertisement issued in June, 2003 for the post of P.T.I., benefit of (10) bonus marks was not extended to the petitioner, thereby his name did not find place in order of merit being considered for CW 5971/06 //2// appointment. Respondent No.4 earlier approached this by way of CWP-5835/03 (Ramesh Chander Khatik Vs. State) with the grievance that he having participated in Inter-College sports tournament was entitled for (10) bonus marks while determining his merit; which was allowed vide judgment dt.03/12/04 with the direction to respondents to consider candidature of petitioner therein after awarding him (10) bonus marks and thereafter merit list be prepared and if found suitable, his candidature may also be considered for appointment to the post of P.T.I. In pursuance of judgment (supra), respondent NO.4 got appointment as is evident from order dt.16/01/06 (Ann.2). Being similarly situated as having participated in Inter-College Sport tournament, petitioner too also complained of his entitlement for award of (10) bonus marks and if it being taken note of, he claims to be higher in merit qua respondent NO.4; as such prayed for consideration of his candidature for appointment to the post of P.T.I. As regards procedure for determination of merit, it has been averred in para 2 of writ petition which has not been disputed by the respondents. Counsel for petitioner inter-alia submits that taking note of (10) bonus marks, CW 5971/06 //3// petitioner being higher in merit qua respondent NO.4, denial of consideration of appointment in his favour is arbitrary and violative of Art.14 of the Constitution. In their reply, respondent Nos.1 to 3 have inter-alia averred that Inter-college certificate of his participation in sports tournament placed by him on record is not of State level sports tournament, besides it being not counter-signed by respective institution. I have considered contentions of Counsel for the parties and with their assistance perusal material on record. A co-ordinate Bench of this Court allowed CWP-5835/03 of respondent NO.4 herein, vide judgment dt.03/12/04 after having placed reliance upon Division Bench decision in State of Rajasthan Vs. Umesh Jangid (1997(3) Rajasthan 1621). However,controversy raised before Division Bench, ibid, is slightly different but Division Bench has taken note of Govt. Circular of Education Department in para 17 which clearly reflects that Inter-College sports tournaments are considered to be State- level sports tournament – extract whereof for the present purpose is reproduced ad infra: “17. The Education Department itself, while granting admission to the Physical Training Course, has recognised Inter- CW 5971/06 //4// University Tournaments as equivalent to National Level Tournaments. Rule 11 of the Admission Rules, which gives recognition to the various tournaments reads as under: 1. National Level Tournaments - (a) Inter-Zone University/Inter University tournaments. (b) National Level School Tournaments organised by SGFI. (c) Federal National Level Tournament organised by National Federation. 2. State Level Tournaments - (a) Inter-College Tournaments. (b) State Level School Tournaments. (c) State Level Federal Tournaments organised by State Federation. 3. District Level Tournaments: (a) University Inter-Faculties Tournaments. (b) District School Level Tournaments (organised by the district Education officer) (c) Federal District Level Tournaments (organised by the District Sports Federation).” Petitioner also participated in Inter-College sports Tournament, which was State Level; as such was also entitled for addition of (10) bonus marks while preparing merit list for appointment to the post of P.T.I-Gr.III. This fact is not disputed that in case petitioner is awarded additional (10) bonus marks on account CW 5971/06 //5// of his participation in Inter-college level sports tournament, he becomes higher in order of merit qua respondent NO.4; in such circumstances, denial of appointment to petitioner in the opinion of this Court cannot be considered to be justified. Consequently, writ petition succeeds and is hereby allowed. Respondent Nos.1 to 3 are directed to consider candidature of petitioner after awarding him additional (10) bonus marks and accordingly prepare merit list and in case he is otherwise found suitable, consider him for appointment to the post of P.T.I.-Gr.III, in pursuance of advertisement issued in June, 2003, along with consequential benefits including notional fixation of pay and placement of seniority etc., as per order of merit assigned to him. However, petitioner would not be entitled for pecuniary benefits for intervening period during which he has not actually worked. All exercise to ensure compliance of this order be completed within two months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.5/5971CW06-1012.doc