NARPAT SINGH RAJAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC has been filed against the judgment and decree dated 21.08.2012, passed by the Additional District and Sessions Judge, nO.5, Kota upholding the judgment and decree dated 16.03.2011, passed by the Civil Judge, (Jr. Div.), North, Kota dismissing the appellant -plaintiff's (hereinafter 'the plaintiff's) suit for declaration and mandatory injunction.

(2.) THE facts of the case are that in pursuance to an advertisement notified on 14.05.2002, the plaintiff applied for appointment on the post of PTI inter alia in Gram Panchayat, Baniyani. For the evaluation of the merits of the candidates applied for the said post, it was provided that the applicants would be granted bonus marks in the event they had participated in national level sports. In terms of notification dated 08.11.2000, proof of participation in national level sports was required to be through certification by the competent authority duly counter signed by the Deputy Director, Primary Education and Secondary Education. The plaintiff claiming to be a national level sports person, filed his certificates of participation in national level sports issued by the concerned authority along with his application for appointment as a PTI. In the merit list prepared on 20.05.2002 for appointment on the post of PTI in Gram Panchayat Baniyani, the plaintiff was not found the most meritorious. The plaintiff thereupon appears to have filed objection against the merit list complaining with regard to the illegality in not allowing him bonus marks for being a national level sports person. Appointments were made as per the merit list published by the Gram Panchayat Baniyani on 20.05.2002 and the defendant -respondent No.5 (hereinafter 'the defendant No.5') after the requisite training came to be appointed as PTI in Gram Panchayat Baniyani on 08.07.2002. The plaintiff thereupon came to know that his certificates for participation in sports at the national level were not considered and no bonus marks awarded therefor while evaluating his merit for reason of non -compliance with the notification dated 08.11.2000 whereby the said certificates to be valid had to be authenticated by the Deputy Director, Primary Education and Secondary Education. The plaintiff in these circumstances filed a suit aforesaid on 22.06.2002 and during the pendency of the suit got his certificates of having participate in national level sports counter signed by the Deputy Director, Primary Education and Secondary Education on 04.08.2003.

(3.) FIVE issues were framed by the trial court in the context of the pleadings of the parties. However, the suit laid by the plaintiff was dismissed on count of the fact that admittedly his certificates for participation in sports at the national level were not counter signed by the Deputy Director, Primary Education and Secondary Education as mandated under the notification dated 08.11.2000 and therefore they could not be considered. The merit list for appointment as a PTI in Gram Panchayat Baniyani was wholly valid with no illegality attributed to the non -award of bonus marks for being a national level sports person to the plaintiff. The first appellate court also found that the plaintiff had rightly not been awarded bonus marks for participation in sports at the national level in view of the lacunae of his certificates of participation not having been counter signed by the Deputy Director, Primary Education and Secondary Education in terms of the notification dated 08.11.2000. Consequent to which their authentication could not be verified. The plaintiff's first appeal under Section 96 CPC thus stood dismissed.