Veerender Singh Siradhana, J. - (1.) THE petitioners having participated in the recruitment process for appointment to the post of Sanskrit Teacher Grade -III, in response to an advertisement dated 10th September, 2003, have approached this Court praying for the following relief(s): "i) By an appropriate writ, order or direction, the respondents be commanded with a direction to award 3 bonus marks to the petitioner on account of his Scout certificate and thus considering their total marks, they be given benefit of appointment on the post of Sanskrit Teacher Grade -III with all consequential benefits and such appointment should be given to the petitioner from the date others are given such appointments. ii) Any other appropriate order which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may be passed in favour of the petitioner."
(2.) BRIEFLY , the material facts necessary for appreciation of the controversy raised needs to be first noticed. It is pleaded case of the petitioners that the action of the State -respondents in not awarding bonus marks for the certificate of Scout, for the reason that the institutions from where the petitioners have obtained their basic qualification, is not an affiliated Institute; deprived them of their appointment to the post of Teacher Grade -III in Sanskrit subject. Reiterating the pleaded facts and grounds of the writ application, the learned counsel for the petitioners asserted that as contemplated under Clause 9.2 of the Advertisement, after determination of marks obtained in the two qualifying examinations, bonus marks were to be awarded for various categories including those who were in possession of certificate of participation in Sports as well as NCC/Scout etc. According to the certificate in possession of the petitioners, they were entitled to 3 bonus marks. The petitioners on an enquiry were informed by the Organization which granted them the certificates, that the certificates granted to them were of the same status and value as that of a certificate issued by the affiliated School or College. Therefore, had the State -respondents accorded the 3 bonus marks, the petitioners would have found place in the main merit list instead of the reserve list.
(3.) IN response to the notice of the writ application, the State -respondents have filed their counter affidavit pleading that the merit list was drawn as per criteria detailed out in the advertisement; taking into account 75% of marks of Senior Secondary and 25% marks of S.T.C. Weightage was also to be accorded for co -curricular activities like NCC, Scout Guide and Sports etc., on production of certificates from the School in which the candidate prosecuted his/her studies regularly. The certificates produced by the petitioners were obtained from Ranger of Rajasthan State Bharat Scout and Guide, Nipun Rover Badge, Jhotwara, Jaipur; which is an open range, and therefore, the certificates of the petitioners were not considered for award of bonus marks.;