R.P. Vyas, J. - (1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India with a prayer that by an appropriate writ, order or direction the respondents may be directed to give appointment to the petitioner on the post of Physical Training Instructor Grade III as per her merit after considering the sports certificates (Annexure-P/5 and P/6) to be of national level, and to award 15 bonus marks for the same.
(2.) It arises in the following circumstances:- (i) That the petitioner possessed the qualification of Senior Secondary in the year 1996. Thereafter, she obtained the qualification B.P. Ed. from the MDS University, Ajmer in the year 2001. (ii) An advertisement was issued by the respondent No. 1 (Director, Secondary Education, Bikaner) on 28.7.2003 inviting applications for appointment of Physical Training Instructor (PTI) for various districts in Rajasthan. (iii) It has also been averred in the petition that a provisional merit list was got prepared by the respondents which was affixed on the notice board, in which the percentage of marks awarded to the petitioner was shown as 55.99%. (iv) The petitioner also alleged that she took part in National Women Sports Meet held at Indore from 24.2.2002 to 27.2.2002 organised by the Sports' Authority of India in association with the Department of Women and Child Development and this tournament is of national level. However, the petitioner has not been awarded 15 bonus marks for the said certificate on the ground that the said certificate has not been issued by the Education Department and hence, the petitioner is not entitled to get 15 bonus marks. It has also been submitted by the petitioner that Para 8 of the Guidelines dated 31.7.2003 (Annexure-P/12) also provides that the bonus marks shall be awarded on the basis of sports certificate issued by the Education Department and University Sports Board.
(3.) In this writ petition, the main submission of the learned Counsel for the petitioner is that the Para 8 of the guidelines dated 31.7.2003 fixing the bonus marks for the State Level as well, as National Level on the basis of sports certificates issued by the authorities given in this Para is discriminatory. There is no nexus behind it which is sought to be achieved by fixing such criteria. Therefore, 15 bonus marks should have been awarded to the petitioner 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 she be offered appointment.;