DBSAW NO.809/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R D.B. CIVIL SPECIAL APPEAL (WRIT) NO.809/2009. IN S.B. CIVIL WRIT PETITION NO.4106/1997. State of Rajasthan & Ors. Vs. Yaduveer Singh & Ors. Date of order : 20/10/2010. HON'BLE Mr.JUSTICE ARUN MISHRA HON'BLE Mr.JUSTICE MOHAMMAD RAFIQ Shri Dinesh Yadav, Additional Advocate General for appellants-State. Shri Sriram Yadav for the respondents. ****** (Per Hon'ble Mr.Justice Mohammad Rafiq) Appellant-State of Rajasthan has come up in appeal against the judgment of the learned Single Bench dated 17/7/2006 whereby, writ petition filed by the respondent has been allowed and direction has been issued to grant him benefit of bonus marks on the basis of school certificate and consider his case for appointment on the post of Physical Teacher Gr.III if he is otherwise found suitable for appointment and if any post was still lying vacant. Shri Dinesh Yadav, learned Additional Advocate General appearing for appellant-State has argued that the learned Single Bench erred in law in allowing the writ petition solely on the basis of DBSAW NO.809/09. 2 Division Bench judgment of this Court in Manish Bisawa Vs. State of Raj. & Ors. decided on 19/4/2004 and reported in 2004 WLC (Raj.) UC 655 and the said judgment was per incuriam because it was decided without taking into consideration Circular of the Government dated 9/4/1997. It was argued that the said Circular provided that if a candidate wanted to avail of the benefit of bonus marks for the purpose of appointment, sport certificate produced by him should be signed by the Head of the Institution/School in which he participated in games and then should be counter signed by the District Education Officer concerned. District Education Officer did not attest such games certificate in the case of the respondent as such, sport certificate did not entitle him to the bonus marks. Shri Sriram Yadav, learned counsel for the respondent opposed the writ petition and submited that Division Bench judgment of this Court in Manish Bisawa supra was binding on Single Bench inasmuch as, Division Bench considered all the relevant considerations on the subject and it was only on the basis of instructions of the Director (Education) that the concerned authorities insisted on the sport certificates being counter signed in the case of respondent. Judgment of Division Bench in Manish Bisawa supra cannot therefore be described as per incuriam. DBSAW NO.809/09. 3 Upon hearing learned counsel for the parties and perusing the impugned judgment as also the other material available on record, we find that the learned Single Bench has followed the Division Bench judgment of this Court in Manish Bisawa supra wherein, it was held by Division Bench of this Court that merely on the ground that the certificate was not counter signed by some officials, if the candidate was otherwise eligible for appointment, he could not be denied benefit of bonus marks. Learned Single Bench also noted that ultimately certificate of the respondent-writ petitioner was counter signed by the concerned authority. It was thereupon that the learned Single Bench while allowing the writ petition directed respondents to consider his case for appointment on the post of Physical Teacher Gr.III if he was otherwise found suitable for appointment and if any post was still lying vacant. The impugned judgment, in our view, does not suffer from any infirmity so as to warrant our interference in appeal. This special appeal, being devoid of merit, is accordingly dismissed. (MOHAMMAD RAFIQ), J. (ARUN MISHRA), J. anil/-