BHERU LAL KUMAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner has obtained Bachelor Degree in Physical Education from Maharishi Dayanand Saraswati University, Ajmer in 2010. The petitioner, being a sportsperson, participated in various tournaments, pertaining to Handball sport, during the school and College time. Thereafter, looking into his ability and interest in the sport of Handball, the petitioner was selected as team member of the Mohan Lal Sukhadiya University in All India Inter University tournaments held at Periyar University, Salem and the said tournaments were conducted from 12/2/2007 to 22/2/2007; accordingly, the University issued a Certificate to the petitioner of participation in the said tournament.

(3.) Learned counsel for the petitioner submitted that the petitioner was entitled for award of 28 marks as per the note prescribed in the advertisement for his sports certificate but the respondent failed to consider and awarded only 16 marks, while treating the said sports certificate as pertaining to a State Level tournament. Therefore, as per learned counsel, the action of the respondent in not awarding appropriate and sufficient marks on the basis of the sports certificate is highly arbitrary and bad in the eye of law.