1 IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT JODHPUR. O R D E R Balveer Singh. Versus State of Rajasthan & ors. S.B. Civil Writ Petition No. 1094/2007. ... Date of Order: March 08, 2007 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. J.S. Bhaleria, for the petitioner. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annx.8 dated 6-2-2007 and holding he petitioner eligible for all practical benefits from the date the less meritorious person has obtained the appointment. I have heard learned counsel for the petitioner. It is contended by the learned counsel for the petitioner that the petitioner is entitled for the bonus marks for the Scouts Certificate “Nipun Rover” but the respondents illegally deprived him of such bonus marks. The facts and circumstances giving rise to the instant writ petition are that the petitioner passed B.Ed. Examination, 2002 from the Jammu University in the State of Jammu & 2 Kashmir vide Annx.P/4. The petitioner claims bonus marks on the strength of the certificate Annx.5 issued by the Rajasthan State Bharat Scouts & Guides dated 3-9-2003 declaring the petitioner to have become “Nipun Rover. The respondents issued an advertisement Annx.6 dated 2-11-2003 for selection on the posts of Senior Teacher Grade II in the faculties of Science, Mathematics and English, for which the petitioner also applied. The respondents prepared the merit list and thereafter appointment letters were issued by the respondent No. 3 to the selected candidates to join the duty at various places. The name of the petitioner finds mention at Serial No.2 and he was directed to join the duty at the Government Senior Secondary School, Bhander (Pali) vide Annx.P/7. However, vide impugned order Annx.8 dated 6-2-2007, the respondents cancelled the appointment of the petitioner to the said post on the ground that the certificate of Nipun Rover was obtained by the petitioner as Open Group candidate and not while pursuing his studies in a school or college and, therefore, the petitioner was held as not entitled for three bonus marks for the said certificate of Nipun Rover and since three marks were wrongly awarded while considering the case of the petitioner and preparing the merit, therefore, by reducing three marks, petitioner's merit has been brought down and thus he is not entitled for appointment and as such the respondents cancelled the appointment order of the 3 petitioner vide order Annx.P/8 dated 6-2-2007. Hence this writ petition. From the perusal of the order Annx.P/8 dated 6-2- 2007 and the facts noticed hereinabove, it is clear that the petitioner has obtained the certificate of Nipun Rover as an open candidate and at the relevant time, i.e. in the year 2003, he was not undertaking education in any school or college and the bonus marks are provided for the certificate of Nipun Rover in Scouts only to those candidates who undertakes such course while pursuing the studies. The respondents, vide order Annx.P/8, noticing that the petitioner did not obtain the Scouts Nipun Rover Certificate while pursing the studies in any of the educational institutions and, therefore, realising the mistake that three bonus marks have been wrongly granted to the petitioner, withdrew the same and thereafter prepared the merit list, in which the petitioner did not come in the merit for appointment. In my view, the respondents were justified in not awarding three bonus marks to the petitioner. In this view of the matter, I do not find any merit in the writ petition and it is dismissed accordingly. There shall be no order as to costs. (H.R. PANWAR), J. mcs