JUDGMENT 1. - Heard learned counsel for the appellant. 2. The petitioner-appellant had applied for the post of Teacher Gr III in pursuance of advertisement (Annexure- 1) dated 28.7_2003. He had applied for that post and his name was shown in the order of merit. However, he has not been given bonus marks for sports certificates which were awarded to him for having participated in National Level Tournaments. Having not obtained relief from the respondents, he preferred writ petition No. 5996/2003. The said writ petition was dismissed by learned Single Judge following his earlier decision in SBCWP No. 2349/2001 Madhu Sukhwal v. State of Rajasthan & Ors. solely on the ground that the certificates of sports 10 produced by the petitioner have not been counter-signed by the competent authority and they does not pertain to any State, National or International Level Tournaments. 3. Apparently in this case, there appears to be an error in perusal of the sports' certificates submitted by the petitioner along with writ petition. The first certificate which is Produced emanates from the Rajasthan Cricket Association certifying that the petitioner has represented Rajasthan State in Cooch Bihar Trophy National Junior Championship in the year 1997-98. Another certificate which has been produced emanates from Jai Narain Vyas University, Jodhpur certifying that the petitioner has participated as a member of the University Team in Inter-University Cricket Tournament and the third certificate which has been produced by the petitioner also emanates from the Patron-in-Chief and Vice Chancellor, Jai Narain Vyas University, Jodhpur issuing a proficiency certificate in appreciation of his outstanding performance in International Cricket Tour to Malaysia and Singapore attended by him from 5th Oct. 2000 to 20th Oct., 2000. 4. We have not been able to apprehend if these three testimonials does not quality the petitioner to be treated as a sportsman who has participated in State National or International Tournaments, what more can be demanded from a school going boy. The testimonials are emanating from the proper authorities. Cooch Bihar Trophy National Junior Championship Trophy is a prestigious national tournament for the juniors at school level boys in the field of cricket. The Inter-University Cricket Tournament is also equivalent to the National Tournament as per the guidelines produced by the Education Department.
The testimonials are emanating from the proper authorities. Cooch Bihar Trophy National Junior Championship Trophy is a prestigious national tournament for the juniors at school level boys in the field of cricket. The Inter-University Cricket Tournament is also equivalent to the National Tournament as per the guidelines produced by the Education Department. If the certificates issued by University which the petitioner represented is riot acceptable; who else can better certify the participation of a University student about his being a member of University team and its participants in inter-university is beyond comprehension. The letter of appreciation from the Patron-in-chief arid Vice Chancellor, Jai Narain Vyas University, Jodhpur that the applicant has participated in International cricket to Malaysia and Singapore speaks volumes of proficiency of a member of the University Team in sports and participation at the National and International level Tournaments in cricket. 5. On the basis of the fact that the petitioner's certificates have not been considered to be counter-signed by some officials, in our opinion, cannot come in the way to grant benefit. The Testimonial certifying him to he a sportsman having participated at the National Level Tournament which emanates from Jodhpur University itself shows that he has represented as a member of the University Team in Inter-University Tournament. The Cooch Bihar Trophy National Junior Championship of Cricket itself is a well-known Tournament. There is no doubt about genuineness of the certificates issued by the authorities, which are responsible for selection of team to participate in the tournaments representing State or the University as the case may be. 6. In these circumstances, the exclusion of the petitioner's certificates and not awarding the bonus marks which otherwise, he was entitled to be awarded, as having participated in the sports of National level, results in denying to equality of opportunity in the matter of giving appointment on the basis of yard-sticks provided by the respondents themselves. 7. Accordingly, this appeal is allowed. The judgment and order under appeal is set aside. As a result of the aforesaid discussion, the writ petition is allowed. The respondents are directed to consider the certificates of the petitioner and give bonus marks for participating at National Level Tournament and consider his case for appointment as Teacher Gr. Ill in accordance with modified merit so assigned.
The judgment and order under appeal is set aside. As a result of the aforesaid discussion, the writ petition is allowed. The respondents are directed to consider the certificates of the petitioner and give bonus marks for participating at National Level Tournament and consider his case for appointment as Teacher Gr. Ill in accordance with modified merit so assigned. The exercise shall be carried out within a period of six weeks from the date writ is served on respondents or certified copy of the order is produced before competent authority, whichever is earlier.There shall be no order as to costs.Appeal Allowed. *******