SBCWP NO.1754/2004. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.1754/2004. Abhishek Sharma Vs. State of Rajasthan & Ors. Date of Order : 11/7/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anupam Agrawal for the petitioner. **** BY THE COURT:- This writ petition has been filed by petitioner-Abhishek Sharma who was desirous of appointment on the post of P.T.I. Grade-II & III with the prayer that respondents may be directed to appoint him on the aforesaid post by awarding 15 bonus marks for the national came certificate. The petitioner applied for appointment on the said post pursuant to the advertisement issued by the respondents on 27/7/2003. 2) The respondents in their reply to the writ petition have contested that since the game certificate produced by the petitioner was according to Condition No.6 of the advertisement was required to be counter signed by the Secretary and President of the Rajasthan Sports Council, was not having been counter signed by the said authorities, petitioner could not be appointed. SBCWP NO.1754/2004. 2 3) Learned counsel for the petitioner has argued that the Sports Officer (Coordination) of the Rajasthan State Sports Council Jaipur has been authorised to counter sign certificate and this Court vide order dated 8/5/2008 required the State Council to seek proper instructions as to the verification. However, petitioner has been issued certificate dated 16/6/2008 by the Sports Officer (Coordination) Rajasthan State Sports Council, S.M.S. Stadium Jaipur that petitioner was awarded sports certificate on 8/8/2003 for his participation in Junior Softball in Himachal Pradesh from 15/5/1994 to 18/5/1994 which was attested by the Sports Officer (Coordination) Smt.Rukmani Sharma. This verification was issued by the Sports Officer as per records of the Sports Council. Copy of the certificate is taken on record. From the above, there should be no reason to doubt regarding genuineness of the certificate and, therefore, petitioner cannot be denied right of consideration for appointment as per the relevant rules which entitles him for grant of 15 bonus marks for his participation in the 12th Junior National Softball Competition held at Subathu (Himachal Pradesh) for the period w.e.f. 15/5/1994 to 18/5/1994. 4) In the result, the writ petition is allowed. 5) The respondents are directed to consider the case of the petitioner for appointment on the post of Physical Education Teacher (PTI) Grade-III pursuant to SBCWP NO.1754/2004. 3 the advertisement dated 27/7/2003 (Annexure-3) and in case any person having lower merit than petitioner is found to have been appointed, appoint the petitioner on such post with effect from the date of appointment of such candidate. Since the certificate which has been produced by the petitioner was verified by the Sports Officer and not by the Secretary of the Sports Council, the petitioner shall be entitled for notional benefits for the intervening period. Compliance of the judgment be made within a period of three months from the date of submission of certified copy of this order before the respondents. (MOHAMMAD RAFIQ), J. anil SBCWP NO.1754/2004. 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.1534/2004. in S.B. CIVIL WRIT PETITION NO.1754/2004. Abhishek Sharma Vs. State of Rajasthan & Ors. Date of Order : 11/7/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anupam Agrawal for the applicant-petitioner. **** BY THE COURT:- Since the main petition has been disposed of, this stay application does not survive any further. Same is accordingly rejected. (MOHAMMAD RAFIQ), J. anil