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2022 DIGILAW 1486 (RAJ)

Surendra Singh Choudhary v. State Of Rajasthan

2022-05-09

INDERJEET SINGH

body2022
JUDGMENT 1. Instant writ petition has been filed by the petitioner with the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to accept and allow this writ petition and further be pleased to:- (i) Issue an appropriate writ, order or direction in the nature thereof thereby direct the respondents to give appointment to the petitioner on the post of PTI Grade III. (ii) Issue an appropriate writ order or direction in the nature thereof thereby, direct the respondent to award 28 marks towards the Inter University Sports Certificate which comes under the category of National Level Sports Certificates, submitted by the petitioner along with the application form. (iii) Issue an appropriate writ, order in the nature thereof thereby, the action of the respondents be declared illegal whereby they have awarded only 4 marks instead of 28 marks towards National Level Sports Certificate submitted by the petitioner. (iv) Issue an appropriate writ, order or direction in the nature thereof thereby, the respondents be directed to consider the State Level Sports certificates (Annex.2) submitted by the petitioner by giving 28 marks to petitioner in lieu of his Sports Certificate. (v) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner. (vi) Cost of the writ petition be also awarded in favour of the petitioner." 2. Brief facts of the case are that in pursuance to the advertisement dated 04.05.2018, the petitioner applied for the post of Physical Training Instructor (PTI) Grade - III. 3. The grievance of the petitioner is that the respondents have not given 28 bonus marks to the petitioner for which he is entitled in view of the certificate (Annexure-2) annexed with the writ petition. 4. 3. The grievance of the petitioner is that the respondents have not given 28 bonus marks to the petitioner for which he is entitled in view of the certificate (Annexure-2) annexed with the writ petition. 4. Counsel for the respondents filed reply to the writ petition where in para No.7 has stated as under:- "That in contents of para No.7 are replied in the terms that in point No.21 at page no.12 of the advertisement, conditions of eligibility on the basis of sports certificates issued by the competent authority wherein bifurcation in regard to allotment of numbers on the basis of the sports certificate number were allotted and upon scrutiny of the sports certificate submitted by the petitioner the authority i.e. the board allotted the marks as prescribed in the advertisement were given to the petitioner and upon inspection by the team the fact came that the All India Inter University is not recognized by the Association of Indian University as such the certificate submitted by the petitioner was not treated as a certificate issued to the participant on National Level or Winner on State Level Category as such Zero numbers (0) was given to the petitioner. That on a bare perusal it is clear ARNI UNIVERSITY was established by the Government of Himachal Pardesh which is not a recognized National Level University and the petitioner was participated in the team of Volleyball as such he was not a State Level Winner thereby he was not considered for the marks/Number as demanded by him. iSjk 21 fVIi.kh 1%& dzhMk izfr;ksfxrk esa Hkkx ysus vkSj vftZr [ksy ds izek.k&i= ds vk/kkj ij iznku fd;s tkus okys vad fuEu izdkj ls gksaxs %& 1- varZjk"Vªh; Lrj ij Hkkx ysus ij ;k jk"Vªh; Lrj ij fotsrk 40 vad 2- jk"Vªh; Lrj ij f}rh; LFkku 36 vad 3- jk"Vªh; Lrj ij r`rh; LFkku 32 vad 4- jk"Vªh; Lrj ij Hkkx ysus ij ;k jkT; Lrj ij fotsrk 26 vad 5- jkT; Lrj ij f}rh; LFkku 24 vad 6- jkT; Lrj ij r`rh; LFkku 20 vad 7- jkT; Lrj ij Hkkx ysus ;k ftyk Lrj ij fotsrk 16 vad 8- ftyk Lrj ij f}rh; LFkku 12 vad 9- ftyk Lrj ij r`rh; LFkku 08 vad 10- ftyk Lrj ij Hkkx ysus ij 04 vad 5. This writ petition filed by the petitioner deserves to be dismissed for the reasons; firstly, All India Inter University issued by the ARNI UNIVERSITY is not recognised by the Association of Indian University as such the certificate submitted by the petitioner was rightly not treated as a certificate issued to the participant on National Level or Winner on State Level Category as such Zero number (0) was rightly given to the petitioner; 6. secondly, in view of the para No.7 of the reply, in my view, the petitioner is not entitled for the relief prayed for in the instant writ petition and lastly I am not inclined to exercise the extraordinary jurisdiction of this court under Article 226 of the Constitution of India. 7. In that view of the matter, this writ petition stands dismissed.