SBCWP No.8481/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO.8481/2007. Kumari Supriya Gaur Vs. Rashtriya Sanskrit Sansthan & Anr. Date of order : 18/02/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vishwajeet Mantri for the petitioner. Shri B.M. Singh for the respondents. Dr. Y.C. Sharma for respondent No.3. *** BY THE COURT:- Heard learned counsel for the parties. The writ petition has been filed against the grant of bonus marks to the candidates who acquired the qualification of M.A./Shikshacharya (degree of M.Ed.) in the Rashtriya Sanskrit Sansthan, respondent No.1. The grievance of the petitioner is that even if she secured 83% marks in B.Ed. Examination which is equivalent to B.A., she has been denied admission and the candidates having secured lesser marks than the petitioner have been granted admission. While the respondents in their instructions/guidelines for admission which contains the rules relating to preparation of merit list have provided that award of 10 bonus marks shall be granted to each of the candidates who have secured SBCWP No.8481/07. 2 60% in M.A. Sanskrit and 5 marks to the candidates who have secured 50% marks in M.A. Sanskrit but while preparing the merit list, respondents have awarded originally 10% and 5% bonus marks respectively to such candidates. With the result that very many such candidates who have secured lesser marks than the petitioner, who otherwise stands highest in merit, were given admission while petitioner was denied admission. The petitioner in the writ petition has categorically alleged that the weightate has been illegally granted to such candidates on percentage basis and not on marks basis. The respondents however in reply have come out with the plea that the order awarding bonus marks was based on the decision of the Committee according to which 10 & 5 marks respectively are added to the marks obtained by the candidates in B.Ed. (Shiksha Shastri) examination in respect of those candidates who have passed out Ist/IInd Class M.A./Acharya from the recognised University and as the petitioner has not passed the M.A. hence, she was not found eligible for grant of bonus marks for admission in Shikshacharya Course. In rejoinder to reply, petitioner has filed a chart on the basis of the mark-sheets of such candidates who according to her have secured lesser merit. This chart indicates that even after addition of 10 bonus marks, as many as 15 SBCWP No.8481/07. 3 candidates admitted by respondents have secured lesser marks than her. While merit of the petitioner is 83%, merit of such 15 candidates ranged between 76% to 80%. It is thus clear that respondents have illegally applied the percentage basis rather than giving weightage of only 10 bonus marks to all those 15 candidates. Having regard to the facts of the case therefore, the writ petition is allowed and the respondents are directed to admit the petitioner in the Course of M.Ed. (Sanskrit) and permit her to sit in the examination thereof provisionally in accordance with law. (MOHAMMAD RAFIQ), J. anil