JUDGMENT 1. - Brief facts of the case are that the petitioner passed his secondary examination in 1989 and pursued one year Diploma Course in Library and Information Science in 1995. Vide advertisement dated 11.10.96 for the year 1996-97 Director, Primary & Secondary Education Rajasthan invited application for the post of Librarian Grade-III in which it was stated that appointing officer for the post of Librarian Grade-III would be District Education Officer of the concerned District of the candidate so respondent No.2 is the appointing authority for petitioner. The Director, Primary & Secondary Education, Bikaner vide notification dated 31.8.1996 which was published in Shivira Patrika of October 1996 amended earlier Circular dated 31.3.86 regarding procedure for preparation of merit list and as per new formula 75% of the marks obtained in educational qualification plus 25% of the marks obtained in the vocational qualifications were to be counted for the purpose of preparation of merit of the candidate. Petitioner along with his application annexed National Level Scouts & Guides certificate, certificate of participation in Cultural activities and sports. As per Department of Education circular dated 27.9.96 petitioner was to be awarded 7% bonus marks. Petitioner was called for interview. Petitioner's merit was calculated 70.31% and he was placed at Serial No.32 in the merit list whereas as per formula he should have been awarded 76.31% marks and his name should have been shown at Serial No.5 above Dinesh Gupta below Nathi Lal. There were 8 posts of Librarian in the District and action of the respondents in awarding him only 70.31% marks is wholly illegal and unjustified. It was further submitted that action of respondents in changing criteria of merit vide circular dated 31.8.96 deserves to be quashed and it has got no nexus to the purpose sought to be achieved, hence, writ petition may be accepted and the respondents may be directed to place the petitioner at right place in the merit list after granting him bonus marks of Scouts and Guides and Cultural activities and during pendency of the writ petition if any appointment is given to a candidate below Serial No.4 in the merit list a super annuary post be created for the petitioner and he be given appointment. 2. 2. Respondents replied to the writ petition and submitted that certificates submitted along with the application by the petitioner were not counter signed by the concerned authority thus has rightly been awarded 70.31% marks and was not entitled to 76.31% marks. In the absence of counter signed certificates, petitioner was not entitled to get benefit of bonus marks. It was further alleged that Point No.9 of the circular states that candidate concerned is to be given the benefit of bonus marks of the concerned extra curricular activities in which he secures highest marks. It was further submitted that petitioner has challenged amendment of circular dated 31.8.96 with a motive to get the benefit so petition may be dismissed. 3. Petitioner submitted rejoinder and alleged that counter signing is not a condition precedent to get bonus marks and at the most petitioner could have been asked by the respondent to get his certificate counter signed and petitioner possessing genuine certificates could not be denied benefit of certificates. 4. Heard learned counsel for the parties and perused the record. 5. Learned counsel for the petitioner submitted that as per circulars and advertisement petitioner was entitled to obtain 5% bonus marks and respondents have committed error in disbelieving his genuine certificates and after adding bonus marks his position in the merit list should have been shown whereas learned counsel for the respondents submitted that as per circular, merit list has been prepared and further argued that even after allowing 5% bonus marks, petitioner does not fall in merit, hence, writ petition may be dismissed. 6. It is admitted position that petitioner along with his application submitted extra curricular activities certificates Annexures-5,6 and 7 and respondents have not awarded bonus marks after considering certificates as they were not counter signed by the appropriate authority. 7. 6. It is admitted position that petitioner along with his application submitted extra curricular activities certificates Annexures-5,6 and 7 and respondents have not awarded bonus marks after considering certificates as they were not counter signed by the appropriate authority. 7. Learned counsel for the petitioner placed reliance on judgment of this Court delivered in DB Civil Special Appeal (Writ) No.1254/06 (Soni Lal Meena v. State of Rajasthan & Ors.) decided on 18.5.2009 in which it was held that "Since the controversy in regard to counter signature by the Department has already been decided by this Court and further the certificate submitted by the appellant not having been challenged by the respondents on the ground of the same been forged or otherwise, in our opinion, the appellant is also entitled for grant of bonus marks as per certificate of his participation in the sports activities which has been submitted by him along with his application form." 8. In the light of the aforesaid judgment it becomes clear that petitioner is entitled to get benefit of bonus marks as respondents have not challenged petitioner's certificate being forged one. In such circumstances petitioner is entitled to get benefit of bonus marks on the basis of certificates submitted by him alongwith his application. 9. Learned counsel for the respondents further submitted that petitioner is entitled to get benefit of only one of the extra curricular activities and further submitted that even after allowing bonus marks, petitioners does not come in the merit, so petition may be dismissed. 10. Petitioner is entitled to get benefit of bonus marks in the light of circular dated 27.9.96 and after getting benefit of bonus marks, if he comes within merit, he may be entitled for appointment, otherwise not. 11. In the light of the aforesaid discussion the writ petition is allowed and the respondents are directed to consider the application of the petitioner for appointment to the post of Librarian Grade-III for the year 1996-97 after adding bonus marks as per circular dated 27.9.96 and if the petitioner comes in the merit, he may also be given appointment if any person lower in merit to him has been so appointed.Writ Petition Allowed. *******