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 applications 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. The petitioner participated in All India Inter University Games conducted by the Kurukshetra University, Kurukshetra. However, he has not been granted 15 bonus marks. The petitioner also averred that the respondents issued a provisions list on 18. 8. 2003 in which the name of the petitioner was not shown and the petitioner was not granted 15 bonus marks. When the petitioner enquired from the office of the respondent No. 3 she was informed that since she has done her B. P. Ed. from outside the State and the certificate (Annex. 6) was not countersigned by the Head of the Institution, therefore, he has not been awarded 15 bonus marks. The petitioner further averred that she thereafter approached the concerned authority and submitted the certificate duly countersigned by the Head of the Institution and submitted the same on 23. 8. 2003 i. e. last date of submission of objection. 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 not awarded any bonus marks on the ground that the same was not countersigned by the Head of the Institution and he has obtained the training in Physical Education from outside the State of Rajasthan, therefore, he is not entitled to get 15 bonus marks.
(3.) REPLY to the writ petition has been filed by the respondents, in which it has been stated that the State Government has issued a circular dated 23. 1. 2004 in which it was clarified that the candidates who have obtained the B. P. Ed. degree from outside the State are also entitled to get bonus marks. Accordingly, in compliance of directions of this Hon'ble Court in the case of Ashish Saxena dated 9. 3. 2004 and the circular dated 23. 1. 2004, the fresh merit list was prepared. It has also been submitted by the learned counsel for the respondents that the State Government has issued the guidelines on 31. 7. 2003, which provides that sports certificate should be verified by the Head of the Institution where the student was studying and participated in the tournament while studying there. The certificate produced by the petitioner has not been verified by the Head of the Institution where the petitioner was studying and participated in the tournament. Therefore, the petitioner has not been granted 15 bonus marks. It has further been submitted that the petitioner submitted the State Level Certificate which was verified by the Head of the Institute for which he has been granted 10 bonus marks as per Rules. The petitioner cannot be permitted to add the certificate after submission of application form. As per the terms of the advertisement all the certificates must be countersigned by the Head of the Institution where the candidates were studying at the relevant time and the certificate were obtained while studying in that institution. In the present case the petitioner annexed the State Level Certificate along with the application form for which he has been granted 10 bonus marks. It is further relevant to mention here that till the last date of submission of application form, the petitioner did not produce the National Level Certificate duly verified by the Head of the Institute and hence, he is not entitled to get 15 bonus marks. ;