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1998 DIGILAW 1319 (RAJ)

Rajendra Kumar Khandelwal v. State of Rajasthan

1998-12-08

SHIV KUMAR SHARMA

body1998
JUDGMENT 1. - The petitioner applied for the post of Teacher Grade II in mathematics. He secured 82.27% marks and was placed at No. 68 in the merit list. Admittedly he did not submit the Sport certificate and marks allotted for sports quota were not awarded to him. Subsequently after coming to know that marks for inter College Sports/Games Competition were also being considered and merit list was being revised after adding such bonus marks, the petitioner on March 28, 1998 submitted application along with sports certificates asking respondent No.3 to award bonus marks of sports quota and to revise merit list. The petitioner thereafter personally met respondent No.3 and served a notice for demand of justice on April 3, 1998 but no justice was done to the petitioner. a prayer therefore has been made to direct the respondents to award bonus marks on the basis of sports certificates. 2. The respondents filed the reply and vigorously contested the claim of the petitioner. 3. I have pondered over the matter and carefully weighed the material on record. 4. Copy of the certificate issued by Government Post Graduate College Dausa duly countersigned by its Principal has been annexed with the writ petition as Annexure-3. A look at the certificate goes to show that the petitioner in 1988-89 participated in Inter University Chess Competition organised at S.D. College Beawar on March 28, 1998 (sic ?). Copies of the sports certificates were forwarded to Director and Deputy Director (Schools) Education Department. Application alongwith certificates was received by the Director. Acknowledge receipt (Annexure-8) and copy of the application dated March 28, 1998 (Annexure-7) have been annexed with the writ petition. 5. Mr. J.M. Saxena, learned counsel appearing for the respondents disputed the right of the petitioner on the ground that document cannot be considered now. 6. In (1) Mrs. Seema Kumari Sharma v. State of H.P. ( AIR 1997 SC 1693 ) their Lordships of the Supreme court indicated thus "We are of the view that her failure to furnish the certificate alongwith the application does not disentitle her to claim the status for consideration of award of 10 marks." 7. It appears that initially the sports certificate issued by College and Universities were not to be considered for awarding Bonus marks and because of this reason the sports certificates were not filed by the petitioner alongwith the application. It appears that initially the sports certificate issued by College and Universities were not to be considered for awarding Bonus marks and because of this reason the sports certificates were not filed by the petitioner alongwith the application. In writ petition Umesh Jangid v. State of Rajasthan this court held that certificates issued by College and University shall also be considered for awarding the bonus marks, the State of Rajasthan preferred D.B. Civil Special Appeal No. 261/97 but it was dismissed on August 4, 1997. The petitioner after came to know the decision on March 28, 1998 forwarded sports certificates to the respondent No.3 with a request to consider the same for awarding Bonus marks. Under these circumstances failure to furnish sports certificate at the time of submitting application does not disentitle the petitioner to claim the status for consideration of award of Bonus marks. 8. The respondents therefore are directed to consider the sports certificates forwarded by the petitioner alongwith application dated March 28, 1998 for awarding Bonus marks within one month from the date of receipt of certified copy of the order. The petitioner may also supply extra copies of the certificates alongwith the copy of the order. The merit of the petitioner shall be determined afresh after adding the bonus marks obtained by him. 9. The writ petition stands disposed of as indicated above. Costs easy.Petition disposed of. *******