- (1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India, on 16.1.2002 with a prayer that by an appropriate writ, order or direction the respondents may be directed to consider the candidature of the petitioner after taking into account the Inter University Tournament Certificate (Annexure-4) by awarding 15 bonus marks for the same and further they may be directed to re-construct the merit list taking into account the bonus marks of the petitioner.
(2.) It arises in the following circumstances : (i) That an advertisement dated 15.8.1998 (Annexure-1) was issued by the District Education Officer (Secondary), Rajsamand (respondent No. 3) for the post of Physical Teacher Grade III. The petitioner also applied for the post of Physical Teacher Grade III as he possessed the requisite qualification for appointment on the post of Physical teacher Grade III.(ii) Further case of the petitioner is that he took part in Inter University Basket Ball (West Zone) Tournament from Mohan Lal Sukhadia University and a certificate dated 28.6.1996 (Annexure-4) was issued in this respect by the University Sports Board, Mohan Lal Sukhadia University, Udaipur.(iii) Further case of the petitioner is that a merit list (Annexure-5) was prepared by the respondents, but 15 bonus marks for possessing national level sports certificate (Annexure-4) were not added in the marks of the petitioner and the petitioner was placed at serial No. 32 in the merit list having 86.32% marks and had the petitioner been given 15 bonus marks, he would have been placed higher in the merit.(iv) Further case of the petitioner is that he also participated in State Level Basketball competition and the certificates whereof are marked as Annexures 6 and 7 respectively.(iv) Further case of the petitioner is that when the petitioner was not given 15 bonus marks for participating in national level tournament as is evident from the certificate (Annexure-4), he submitted a representation (Annexure-8) on 11.10.1998, however, no reply has been given so far. The petitioner submitted another representation on 1.1.2002 (Annexure-10), reply whereto was also not submitted by the respondents.(v) Further case of the petitioner is that at the time of filing of the writ petition, merit list (Annexure-5) was in existence and the vacancies for the relevant period were not filled up. Hence, this writ petition with the abovementioned prayer.
(3.) In this writ petition, the main submission of the learned counsel for the petitioner is that since the petitioner participated in Inter University Tournament which is National Level Tournament as is evident from the certificate (Annexure-4), therefore, 15 bonus marks should have been awarded to him and the impugned action of the respondent in not awarding 15 bonus marks is illegal and arbitrary and therefore, the respondents be directed to award 15 bonus marks to the petitioner and merit list be prepared again and he be offered appointment.;