VYAS, J. - (1.) THE instant petition has been filed by the petitioner seeking a direction against the respondents to consider the candidature of the petitioner for the post of Physical Training Instructor Grade III after granting him 15 bonus marks for the sports certificate (Annex. 6 ).
(2.) THE brief facts of the case are that an advertisement was issued by the respondents on 28. 7. 2003, inviting application for the post of Physical Training Instructor. THE petitioner, being eligible for appointment, on the said post, applied for the same. It has further been averred by the petitioner in the writ petition that in the advertisement, a provision was made for awarding 15 bonus marks for participation in the National Level Tournament. Further case of the petitioner is that he participated in XXXI National Schools Games (Winter Meet Part I and II) organized at New Delhi, in January, 1986 by the School Games Federation of India. The controversy involved in the present writ petition is that the sports certificate (Annex. 6) submitted by the petitioner along with the application form was equivalent to national level certificate, but the respondents have awarded only 10 bonus marks for the same considering it to be of State Level. It has also been alleged that the petitioner secured 72. 21% marks and the respondent No. 4 secured 77. 19% marks. If she would have been awarded 15 bonus marks for the sports certificate (Annex. 6), she would have got appointment. Hence, this writ petition. On the other hand, the learned counsel for the respondents have submitted that the Sports Certificate (Annex. 6) is not of national level and futher more, it has not been counter-signed by the Director, Secondary Education, and, thus 10 bonus marks have been awarded to the petitioner. It has also been submitted by the learned counsel for the respondents that the certificate (Annex. 6) produced by the petitioner is not a Sports certificate, but it was a certificate showing participation in the celebration of International Year of the Youth.
(3.) HEARD the learned counsel for the parties. So far as the arguments raised by the learned counsel for the respondents that it was not a sports certificate, but was a certificate showing participation in the celebration of Internation Year of the youth is concerned, this argument raised by the respondents is absolutely irrelevant, in as much as, the respondents themselves have already granted 10 bonus marks to the petitioner for participation in the sports activities treating the sports certificate (Annex. 6) to be of State Level. Therefore, now to contend that the certificate (Annex. 6) is not a sports certificate, is absolutely misconceived. That apart, a plain reading of the certificate (Annex. 6) clearly reveals that the petitioner represented the Rajasthan State Schools Team in XXXI National School games (Winter Meet Part I and II), this clearly shows that the petitioner participated in games activities and hence, this argument raised by the respondents is absolutely misconceived and baseless. So far as second argument raised by the petitioner that the certificate has not been countesigned by the competent authority is concerned, a bare perusal of the certificate (Annex. 6) reveals that the same has been countersigned by the Dy. Director, Secondary Education, Bikaner in conformity with the circular dtd. 31. 7. 2003, whereby the Dy. Directors (Sports), Secondary Education has been authorised to countersign the sports certificate issued by School Games Federation of India. That apart, when the sports certificate (Annex. 6) has not been countesigned by the competent authority, then how the respondents have awarded 10 bonus marks to the petitioner on the basis of sports certificate (Annex. 6 ). Therefore, this argument raised by the respondents also stands rejected. ;