ORDER : AJAY RASTOGI, J. 1. The petitioner being qualified for the post of Constable (General) participated in the selection process initiated by the respondent pursuant to the advertisement dated 28.9.2012. 2. A combined competitive written examination for the post of Constable (General) and Constable (Driver), the posts which are included in the schedule appended to the Rajasthan Police Subordinate Service Rules, 1989, came to be initiated by the respondents. Since these selections are made at the district level, a common selection process has been initiated holding for various districts and the petitioner intended to participated in the selection process for District Tonk. 3. It is not disputed that the petitioner had participated in the selection process in OBC (Male) Category and the on-line application filled by him in special qualification and those who are holders or NCC Certificate, they are entitled to get bonus marks to the extent of 10 marks subject to the kind of certificate which one holds under Para 10 of the advertisement and this Court considers it appropriate to quote Clause 10 of the advertisement and so also the procedure for award of marks which has been notified in the advertisements in Para 10(iv), which read ad infra:- ^^10- HkrhZ gsrq p;u izfdz;k%& ijh{kk ds lHkh pj.kksa ds dqy 100 vad gSa ftudh x.kuk fuEukuqlkj dh tk,xh%& ijh{kk dk pj.k dkfuŒ lkekU; dkfuŒ MªkbZoj fyf[kr ijh{kk 75 75 'kkjhfjd n{krk ijh{kk 15 10 n{krk ijh{kk ykxw ugha 15 fo'ks"k ;ksX;rk ,uŒlhŒlhŒ gksexkMZ] dEI;wVj Kku izek.k i= ds vk/kkj ij vkoafVr fd;s tkus okys vad 10 ykxw ugha vadksa dk ;ksx 100 100 ¼1½----------------- ¼2½----------------- ¼3½----------------- ¼4½ fo'ks"k ;ksX;rk gsrq vkoafVr vad%& dkUlVscy lkekU; in ds vH;fFkZ;ksa dks 'kkjhfjd n{krk ijh{kk mRrhZ.k djus ds mijkUr fo'ks"k ;ksX;rk gsrq izek.k i=ksa ds vk/kkj ij fuEukuqlkj vad iznku fd;s tk;saxs&,uŒlhŒlhŒ dzŒ laŒ izek.k i=ksa dh Js.kh vad 1- lh&izek.k i= 5 2- ch&izek.k i= 3 3- ,&izek.k i= 2 ¼,uŒlhŒlhŒ ds fy, vf/kdre 5 vad fn;s tk;saxs½ 4. It will be relevant to note that those who are holding the NCC 'C' Certificate, they are entitled for grant of 5 marks bonus marks to be added in their overall marks secured by them in the selection. 5. It will be relevant to note that those who are holding the NCC 'C' Certificate, they are entitled for grant of 5 marks bonus marks to be added in their overall marks secured by them in the selection. 5. The petitioner appeared in written examination followed with physical test and when the final result was declared, since everything was under dark, he filed an application under Right to Information Act, 2005 to know as to what is the cut-off of OBC (General) & General (Male) Category and the criteria adopted by the respondent in awarding marks to him. 6. Pursuant thereto he was informed vide communication dated 10.11.2015 (Annexure-5) that cut-off marks of OBC (General) was 62.4037 & General (Male) was 64.0572 and as regards the marks secured by the petitioner are concerned, that was separately supplied to him by the respondents vide communication dated 01.10.2015 (Annexure-4) from the office of Superintendent of Police, Tonk and according to the respondent he secured 51.3003 marks in written examination and 10 marks in physical test and for special qualification which is in respect to the NCC 'C' Certificate, it was made NIL and accordingly he is informed that he secured 61.3003 marks. 7. The petitioner approached this court by filing instant writ petition with the grievance that 5 bonus marks to which he is entitled for on the basis of NCC 'C' certificate, in terms of the advertisement, has not be awarded to him and if that has been taken care of, the petitioner secured 66.3003 marks in total and qualify to be considered for appointment not even in OBC (Male) category but in General (Male) category as well, but arbitrarily the bonus marks on the basis of NCC 'C' Certificate, which was issued to him way back on 29.7.2010 of which reference has been made by him in the on-line application, has not been awarded to him to which he is entitled for and such decision of the respondent is wholly arbitrarily and depriving the petitioner of his employment to which he is otherwise entitled for based on merits/marks secured by him for his appointment in District Tonk. 8. 8. Reply to the petition has been filed by the respondents and it has not been disputed that in the online application, the petitioner indicated of his holding NCC 'C' certificate in the column of special qualification - Column (4) and entitled for 5 bonus marks on the basis of the NCC 'C' certificate which is on record Annexure-2. 9. The only defence with which the respondents have pleaded is that at the time of verification of documents, the petitioner has not made available the original certificate Annexure-2 and that is the reason for which marks have not been awarded to him. This has been disputed by the petitioner's counsel and submits that the certificate was made available by him before the authority at the relevant time and the fact indicated by the respondents is factually incorrect. 10. After I have heard counsel for the parties and taking note of the defence with which the respondents have come to this Court, it is not acceptable even to a man of ordinary prudence that When the candidate who has participated in the selection process and is in need of the employment and a reference has been made by him in his online application that he is holding NCC 'C' certificate which indisputably makes him entitled for award of 5 bonus marks and no justification can be attached to the defence with which the respondent have approached this Court and in addition thereto, the petitioner is entitled for 5 bonus marks based on the NCC 'C' Certificate, has not even crossed cut off of OBC (Male) Category but also General (Male) category and in these facts & circumstances, this court finds justification in what has been contended before this Court to hold the petitioner is entitled for his consideration for appointment based on his placement in the order of merit for the post of Constable (General) in District Tonk in which he has finally qualified and secured more marks than cut off in both the respective categories which was informed to the petitioner under the Right to Information Act, 2005 vide communication dated 10.11.2015 (Annex.5). 11. 11. The writ petition finally succeeds & is hereby allowed and the respondents are directed to award 5 bonus marks based on his special qualification of NCC 'C' certificate and accordingly his overall marks secured by him since comes to 61.3003 + 5.0 = 66.3003 which makes him entitled for appointment. The Superintendent of Police, Tonk is directed to pass necessary orders within four weeks of his appointment as Constable (General) on the basis of his participation, pursuant to the advertisement dated 28.09.2012, if he is otherwise found suitable. He may be entitled for seniority as per his placement in the order of merit with notional fixation of pay and all the benefits flowing thereto. No cost.