1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5267 OF 2010 Sarjerao s/o Rambhau Tekale, Age : 50 years, Occu. Service, R/o Shivkalyan Nagar, Loha, Tq. Loha, Dist. Nanded Guardian of Sujitkumar s/o Sarjerao Tekale, Age : 16 years, Occu. Student ..PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Kirda Department Mantralaya, Mumbai 2. Directorate of Kirda & Youth Service Maharashtra State, Pune 3. The Secretary, Teakwondo Association of Maharashtra, 25/Kumtha Street, Red building, Ballard Pier, Mumbai 4. Balaji Jogdand, Through its : President/Secretary, Nanded Zilla Teakwondo Association, Near Narsingh Vidyalay Paras Nagar, Nanded 5. District Krida Adhikari/Inspector, Shri Guru Govindsinghji Stadium, Nanded ..RESPONDENTS 2 Mr Vivek Bhavthankar, Advocate for the petitioner; Mrs A.V. Gondhalekar, A.G.P. for respondents no.1 & 2; Mr G.S. Shembole, Advocate for respondent no.3; Respondents no.4 & 5 served. WITH WRIT PETITION NO.5277 OF 2010 Namdeo s/o Nivrutti Mundhe, Age : 42 years, Occu. Service, R/o C/o S.R. Tekale, Shivkalyan Nagar, Loha, Tq. Loha, Dist. Nanded Guardioan of Ku. Madhu d/o Namdeo Mundhe, Age : 16 years, Occu.Student ..PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Kirda Department Mantralaya, Mumbai 2. Directorate of Kirda & Youth Service Maharashtra State, Pune 3. The Secretary, Teakwondo Association of Maharashtra, 25/Kumtha Street, Red building, Ballard Pier, Mumbai 3 4. Balaji Jogdand, Through its : President/Secretary, Nanded Zilla Teakwondo Association, Near Narsingh Vidyalay Paras Nagar, Nanded 5. District Krida Adhikari/Inspector, Shri Guru Govindsinghji Stadium, Nanded ..RESPONDENTS Mr Vivek Bhavthankar, Advocate for the petitioner; Mrs A.V. Gondhalekar, A.G.P. for respondents no.1 & 2; Mr G.S. Shembole, Advocate for respondent no.3; Respondents no.4 & 5 served. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 20th July, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties these petitions are heard finally at the stage of admission. 2. The petitioners by these petitions pray for grant of additional 25 marks to them on the ground that the petitioners had participated in the 23rd Maharashtra State Junior Boys and Girls Taekwondo Championship, 2009. 4 3. Undisputedly the third respondent communicated a list of the participants to the other respondents. A communication was received by the third respondent asking the third respondent to submit a revised list of name of one participant from each weight group. Accordingly the revised list came to be forwarded, which did not include the names of the petitioners. 4. As per the policy decision taken by the Government, 25 additional marks would be allotted to those students who have participated in such events. The Scheme directs the giving of additional marks to the medal winners and the participants also. In such circumstances, therefore, according to us since the petitioners had in their possession certificates of having participated in the event and the initial list included the names of the petitioners, the petitioners are entitled to be given additional 25 marks. The respondents could not insist on the third respondent to provide a revised list of the participants naming one participant from individual weight group. The Scheme does not contemplate giving benefit of 25 additional marks only to one participant from each weight group. The communication and insistence by the respondents for submission of the revised list is, therefore, contrary to the Scheme which is formulated by the Government. 5 5. In that light of the matter, therefore, we are inclined to allow this petition and accordingly the communication by which the petitioners have been held not entitled to the additional 25 marks is quashed and set aside and the respondents are directed to give 25 additional marks to the petitioners. The respondents to forward their recommendation forthwith. 6. This order is dictated in open Court and the learned Asstt. Government Pleader undertakes to communicate this decision to the respondents as the admission process is likely to be finalized today. The petitioners, therefore, be considered for admission as per their merit with the addition of 25 additional marks each. Petitions are allowed. 7. Rule is thus made absolute on the above terms with no order as to costs. 8. Copy of this judgment duly authenticated by Sheristedar of this Court be provided to the learned Counsel for the parties to act upon. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5267.10 6