MUKESH KUMAR SARAN Vs. STATE

JUDGEMENT

(1.) INSTANT intra appeal has been filed against the order of the ld. Single Judge dt. 11.2.2013.

(2.) THE brief facts that culled out from the record and relevant for our purpose and disposal of the instant appeal are that the post of Constable which is included in the Schedule appended to the Rajasthan Police Subordinate Service Rules, 1989 for various districts came to be advertised vide notification dt. 14.10.2010 and the applications were invited from the eligible candidates who intends to participate in the selection process on or before 12.11.2010. The present appellant being eligible and member of OBC submitted his application and participated in the selection process for district Ajmer and after qualifying written test & physical test appeared for interview on 20.6.2011 and at that point of time document what is being indicated in the application form was to be furnished before the selection committee for verification and as per the scheme of selection process for determination of merit and to maintain transparency in the selection process bonus marks are awarded for the applicants holding NCC certificate of category A, B & C claiming 2, 3 & 5 marks respectively. After the appellant appeared and participated in the selection process, the cut off marks in general category male was 79.375 and he too secured the cut off marks but as regard bonus marks for NCC certificate is concerned, he was awarded 3 marks which is evident from the communication sent from the office of Superintendent of Police, Ajmer under right to information dt. 25.7.2011, but the appellant being younger in age and those who secured cut off marks but elder in age on the basis of date of birth, their inter se merit was prepared and he could not march over the person who was selected, however, if there would be any additional vacancy available, there was full possibility that he too have been considered for appointment as he too secured cut off marks (79.375) finally notified from the office of S.P., Ajmer.

(3.) IN the reply filed by the respondent before the ld. Single Judge, their bone of contention was that on the date when the appellant appeared for interview on 20.6.2011, he had submitted NCC 'B' grade certificate and 3 bonus were rightly awarded to him and being younger in age could not be considered for appointment and as regard the contention of the appellant that he should have been awarded 5 bonus marks for 'C' grade certificate, the bone of contention of the respondent before the ld. Single Judge was that he was not holding 'C' grade certificate on the date when he appeared before the selection board that does not make him entitle to claim 5 bonus marks.