1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.424/2004. : : Arvind Kumar Chauhan Vs. State of Rajasthan & Ors. : : Date of Order 21.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Ashish Saksena for the petitioner. Mr.S.S.Sharma, Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed aggrieved by action of respondents in not appointing him on the post of PTI Grade-III in spite of the selection pursuant to advertisement dated 28.7.2003. The petitioner was also interviewed for such appointment. The petitioner submitted sports certificate of Ninth State Level Junior/Sub-Junior Nehru Hockey Tournament 1993-94. The certificate that was issued to him, was signed by Deputy Director Education, Jaipur Circle, Jaipur as President and District Education Officer, Jaipur Division-2 as Secretary with two other signatories. After selection of the petitioner, the certificate was sent to the Deputy Director (Sports) Education 2 Department, Bikaner for counter signature who returned the same to the respondents with counter signature on 15.10.2003, in the meantime the respondents issued appointment order to other candidates on 6.9.2003 but appointment order did not indicate name of candidate selected in General category at Serial No.4, which was kept vacant because that time the petitioner's sports certificate for counter signature was not returned from the Deputy Director, Bikaner. Learned counsel for the petitioner argued that there was no reason why the respondents should not issue appointment order to the petitioner. He has been compelled to file this writ petition. Learned counsel for the respondents in reply to the writ petition has submitted that in the merit list prepared by the respondent, 10 bonus marks were wrongly allotted to the petitioner of State Level Certificate, which is not a competitive game organized by education department and it was not included in the calendar of Education Department. The petitioner has contested the claim of the respondents and in the rejoinder which was filed way back on 5.6.2004 listed the name of persons who participated in the same tournament and were awarded 10 bonus marks 3 which are reproduced hereinbelow :- 1. Ram Narayan Beegha – Sec.School, Gongunda, Arain. 2. Krishna Swaroop – Sec.School, Sursura, Kishangarh. 3. Madan Mohan Parewa – Upper Primary School, Sirohi Khurd, Jaipur. 4. Mukesh Sharma – Upper Primary School, Arain. 5. Rajesh Jethwal – Upper Primary School, Gundali, Arain. The respondents have not rebutted the assertion of the petitioner. Even otherwise, when they already awarded 10 bonus marks to the petitioner and selected him on the strength of sport certificate which was thereafter sent for counter signature, there was no justification in withholding appointment of the petitioner. The action of the respondents in refusing to give appointment to the petitioner besides being discriminatory, is, therefore, wholly arbitrary and illegal. Accordingly, the writ petition deserves to be allowed. In the result, the writ petition is allowed the respondents are directed to issue appointment order to the petitioner as per the merit list on the post of PTI Grade-III. His appointment would relate back to the date of his original appointment order dated 6.9.2003 (Annex.17). He shall now be entitled to only notional benefits and seniority for this period. 4 Compliance of the judgment be made within three months from the date copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/-