1 (1)S.B.CIVIL WRIT PETITION NO.2704/2004 (Smt.Rajeshwari v. State of Rajasthan & Ors.) (2)S.B.CIVIL WRIT PETITION NO.1733/2004 (Urmila Kumari Poonia v. State of Rajasthan & Ors.) DATE OF ORDER :: 29th May, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. R.S.Shekhawat for Mr.P.S.Bhati, for the petitioner. Mr. S.S.Ladrecha, Additional Government Advocate. Mr. Sanjeev Johari, for the respondents. ( In SBCivil Writ Petition No.2704/2004) Mr. Sanjeev Johari, for the petitioner. Mr. S.S.Ladrecha, Additional Government Advocate. Mr. R.S.Shekhawat for Mr.P.S.Bhati, for the respondents. ( In SBCivil Writ Petition No.1733/2004) .... ( SBCWP NO.2704/2004 ) By this petition for writ a mandamus is claimed by the petitioner for her appointment as Physical Training Instructor Gr.III in District Banswara. In brief, facts of the case are that the petitioner in pursuant to the advertisement dated 28.7.2003 issued by the Director, Secondary Education, Bikaner submitted an application to be considered for appointment as Teacher Gr.III in District Banswara. The respondents, while considering candidature of the petitioner, did not allow her the bonus marks against participation in Inter University Cricket (Women) Competition held at Calcutta in academic year of 1989- 2 90. Relevant to note here that the petitioner participated in aforesaid tournament as a captain of the team representing North Gujarat University. The respondents denied 15 bonus marks to the petitioner for participation in the aforesaid tournament as she obtained the same while studying in Gujarat and not in State of Rajasthan. Relevant portion of the reply submitted by the respondents clarifying their stance reads as follows:- “The petitioner is not entitled for grant of 15 marks because she obtained the games certificates while studying in Gujrat State and in this way the petitioner is not entitled for grant of bonus marks as per the instructions and Rules of State Government because one is entitled for grant of bonus marks only on account of obtaining the games certificates while studying in Rajasthan State.” It is not in dispute that the tournament in which the petitioner participated is a national level tournament and the only reason for denial for grant of bonus marks to the petitioner is that she acquired the certificate concerned while undergoing studies in State of Gujarat. Though the respondents have referred “rules” for denying such bonus marks, but as a matter of fact under the Rajasthan Educational Subordinate 3 Service Rules, 1971 (hereinafter referred to as “the Rules of 1971”) there is no provision for grant of bonus marks while considering candidature of a person for appointment on various teaching posts. For determination of merit the Director, Secondary Education by administrative instructions laid down a criteria, according to that a person participated in state level tournament is entitled for 10 bonus marks and 15 marks for participation in national level tournament. The policy concerned is available on record as Anx.7. From reading of the policy it does not reveal that such bonus marks are dependent to participation in the tournament concerned while studying in State of Rajasthan only. In view of it, I do not find any instructions or rules prescribing that bonus marks shall be granted only on obtaining the game certificate while studying in State of Rajasthan. Beside above, the very purpose of grant of bonus marks for participation in tournaments is only to provide an incentive to the students who have devoted themselves in sports and other extra curricular activities. The object which is sought to be achieved by grant of such bonus marks is having no rational or relevance by making that dependent upon the place wherefrom that is obtained while undergoing studies. The denial of bonus marks to the petitioner in the instant matter for the reasons mentioned above, therefore, is illegal. 4 ( SBCWP No.1733/2004 ) The claim of petitioner Urmila Kumari Poonia for appointment as Physical Training Instructor Gr.III in District Banswara does not survive after holding that bonus marks were wrongly denied to Smt. Rajeshwari (petitioner in SBCWP No.2704/04). In view of that her writ petition deserves dismissal. Accordingly, the writ petition No.2704/2004 is allowed. The respondents are directed to consider candidature of petitioner Smt. Rajeshwari for the purpose of appointment as Teacher Gr.III by extending 15 bonus marks to her for participation in national level tournament and to appoint her as such if she is otherwise suitable for appointment. The appointment be accorded to her from the date the last person was employed in pursuant to the advertisement dated 28.7.2003. The petitioner shall be entitled for all consequential benefits except the actual payment of wages. The writ petition No.1733/2004 is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.