JUDGMENT 1. - In pursuance of the Notification dated 26-8-95 issued by the Chief Executive Officer (Respondent No. 2) inviting applications for the post of Teacher Gr. III under the Zila Parishad, Churu, the petitioner, who is B.A., B.Ed., applied for the post. In the Notification, it was also stated at Item No. 8.2 that the candidates who held NCC Certificate of National Level will be provided 5% marks while considering their merit. A provisional merit list of the candidates who had applied was prepared and the name of the petitioner was shown at Serial No. 196 and he was called for interview vide letter dated 14-5-96. The petitioner appeared before the Selection Committee on 26-5-96 and at that time he was informed that 5% marks were not being given to him for the certificate dated 8th May, 1985 enclosed with his application as it was not equivalent to the national level certificate. 2. The petitioner's case is that the last candidate in the selection list was having 82.83% marks whereas the petitioner's total percentage was 84.36 yet he has not been appointed on the post and the less meritorious persons have been given appointment and this has happened because of not counting 5% marks prescribed for NCC Certificate, in respect to the certificate submitted by him. The petitioner made representations before the respondents and also submitted letter dated 24th July, 1996 obtained from NCC Directorate, Rajasthan, Jaipur certifying that the certificate of All India Trekking Expedition organised by the Director General, NCC, New Delhi may be treated as national level certificate yet the respondents did not give 5% marks to the petitioner. It has been prayed that the respondents be directed to consider his certificate Annx. P/2 and award him the marks therefor and give him appointment as per his merit. 3. In the reply filed by the respondents, it has been averred that the certificate Annx. 2 is not equivalent to the national level certificate, and it has been so decided by the District Establishment Committee, Zila Parishad, Churu, vide Annx. R/1 and therefore, the petitioner is not entitled to the weightage of 5% marks, and is not entitled to appointment to the post of Teacher as no person lower in merit has been given appointment. 4. The contention of Mr. Choudhary was that the certificate Annx. R/1 and therefore, the petitioner is not entitled to the weightage of 5% marks, and is not entitled to appointment to the post of Teacher as no person lower in merit has been given appointment. 4. The contention of Mr. Choudhary was that the certificate Annx. 2, given to the petitioner for taking part in the trekking expedition camp organised by the National Cadet Corps from 7th May, 1985 to 20th May, 1985 is of national level which is evident by the verification of the letter Annx. P/8 issued by the NCC Director, Rajasthan, Jaipur. 5. On the other hand, Mr. Bishnoi contended that the verification Annx. 8 is not verified by the Delhi office and therefore, it is not established that the trekking expedition camp was organised at the national level. Relying on the case of J. Ashok Kumar v. State of Andhra Pradesh, JT 1996 (3) SC 225 he urged that the appointments for the year 1996 are over and the petitioner cannot be given appointment at this stage in 1998. 6. Mr. Choudhary, in reply, submitted that a post of teacher was directed to be kept vacant by this Court and therefore, the ruling relied on by the learned counsel for the respondents does not come in the way of appointment of the petitioner. 7. I have carefully considered the above arguments. It is not in dispute that the petitioner had appended the certificate Annx. 2 to his application. Arcading of the certificate indicates that it was issued by the Director General, NCC to the petitioner for having successfully completed trekking expedition from Shamshi (Halu) to Rohtang Jung, conducted by the NCC from 7th May, 1985 to 20th of May, 1985. The genuineness of the document cannot be doubted in view of the verification Annx. 8 issued by the NCC Directorate of Rajasthan, Jaipur. It has been stated in this certificate that All India Trekking Expedition is treated as national level camp and is organised by the Director General, NCC, New Delhi. This certificate clearly proves that All India Trekking Expedition organised by the Director General of NCC New Delhi is treated as national level camp. It is therefore fully established that the petitioner had participated in the trekking expedition camp of national level. As such, he was entitled to the weightage of 5% marks. This certificate clearly proves that All India Trekking Expedition organised by the Director General of NCC New Delhi is treated as national level camp. It is therefore fully established that the petitioner had participated in the trekking expedition camp of national level. As such, he was entitled to the weightage of 5% marks. The respondents refused to add 5% marks for the certificate and it has resulted in depriving the petitioner of higher merit in the merit list. 8. In the case of J. Ashok Kumar (supra) relied on by the learned counsel for the respondents though it has been held that NCC candidates were entitled to the weightage of 5% marks yet in view of the fact that selection had already been over and the candidates were selected and appointed, the benefit was refused to the petitioner. In the instant case, this Court had directed the keeping of one post vacant for the petitioner and in pursuance of the orders of this Court a post was kept vacant vide proceedings Annx. R/2. Thus, there are no chances of removing some person from the service on the appointment of the petitioner. As such, the petitioner cannot be deprived of the relief prayed for. 9. Consequently, the writ petition succeeds. The respondents are directed to consider the case of the petitioner for appointment to the post of Teacher Gr. Ill within a period of 3 months. The appointment of the petitioner shall relate back to the date on which the person lower in merit to the merit of the petitioner was given appointment. Mr. Choudhary concedes that the petitioner shall not claim backwages. The petitioner shall be entitled to emoluments from the date he joins the service.Petition allowed. *******