CW 7710/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.7710/2006 Kamal K. Sharma Versus State & (3) Ors. Date of Order ::: 19/05/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Rajendra Soni, for petitioner Mr. JK Agrawal, Dy.GA, for respondents Instant petition has been filed seeking appointment to the post of Senior Teacher (English/Maths) on the basis of process of selection in which he participated – in course whereof, three bonus marks, to which he was entitled for his participation in Rajasthan University Inter-Collegiate Tournament, 1992-93, have not been noticed by respondents, which has deprived him of placement in select list. Posts of Senior Teacher (English/Maths/ Science) were advertised by respondents vide notification dt.05/11/03 (Ann.8) for various districts. Petitioner applied for Ajmer & Jaipur zones and being eligible, was called for interview on 17/09/06 for the post of Sr. Teacher English & Maths, vide call letters (Ann.9 & 10) – in pursuance whereof, he appeared but his name does not find place in select list. Hence this petition. As per reply filed by respondents, last CW 7710/06 //2// person selected for the post of Sr. Teacher (English) got 77.43% marks while petitioner got 74.51% marks, as such his name could not find place in select list. Counsel for petitioner submits that he is entitled for three bonus marks for his participation in Rajasthan Univ. Inter-Collegiate Tournament, 1992-93, certificate whereof was furnished before the authority in course of interview but has not been taken note of by them which alone has caused prejudice to him because taking note of three bonus marks (supra), his qualifying marks comes to 77.51% which makes his entitlement for consideration for appointment to the post of Sr. Teacher (English). Respondents in their reply has merely raised objection that certificate furnished by petitioner was not duly verified by Secretary University Sports Board; as such could not make him entitled for addition of three bonus marks. Alongwith rejoinder to the reply (supra), petitioner has submitted xerox copy of certificate duly verified by Principal Seth Moti Lal (PG) College, Jhunjhunu on 06/04/96 and by Secretary University Sports Board, Jaipur on 08/04/96 for his participation in Rajasthan Univ. Inter-Collegiate Tournament, 1992-93 - original CW 7710/06 //3// whereof has also been shown in course of arguments, which too contained due verification by respective authorities – reference has been made (supra). In view whereof, objection raised by respondents that certificate submitted by petitioner for the purpose of seeking three bonus marks was not duly countersigned by respective authorities, is not sustainable. In such circumstances, petitioner was entitled for three bonus marks for his participation in Rajasthan Univ. Inter-Collegiate Tournament, 1992-93, and taking note of three bonus marks while adding to his total 74.51% marks as per averments made in para 1 of respondent's reply, petitioner got 77.51% marks, which makes him entitled for consideration for appointment to the post of Sr. Teacher (English) as last person selected got 77.43% marks for that post. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to consider candidature of petitioner after adding three bonus marks for his participation in Rajasthan Univ. Inter-Collegiate Tournament, 1992 -93 to his marks (which comes to 77.51% marks) for appointment as Senior Teacher (English) in pursuance to advertisement dt.05/11/03 (Ann.8) in case person lower than his merit has been CW 7710/06 //4// selected & appointed, in that eventuality he may also be considered for appointment, however, will be entitled for seniority as per his merit and consequential notional benefits from the date of appointment of his junior in merit. All exercise to comply with aforesaid directions be completed within three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.4/7710CW06-1905bns.doc