RAEES AHMED QURESHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 5. 89. 2003 with the prayer that by an appropriate writ, order or direction, the item No. 8 of the Circular dated 31. 7. 2003 (Annex. 8) issued by the respondent No. 2 Director, Secondary Education, Rajasthan, Bikaner, which does not cover Inter-College Tournament as State Level Tournament, be quashed and set aside to that extent and the respondents be directed to give 10 bounds marks to the petitioner for the sport certificate of Inter College Kho-kho Tournament dated 10. 9. 1997 (Annex. 6) treating it to be a State Level Tournament and after giving 10 bounds marks to the petitioner, if he comes in the merit, he may be given appointment to the post of Physical Teacher Gr. III.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows: THE petitioner passed secondary examination from the Board of Secondary Education, Rajasthan, Ajmer with first division in the academic year 1992-93 and a copy of the mark sheet is annex. 2. THEreafter, in the academic year 1994-95, he passed senior secondary with second division and a copy of the mark sheet is Annex. 3. THEreafter, he qualified the degree of Bachelor of Physical Education (three year degree course) from Maharshi Dayanand Saraswati University, Ajmer in the year 1998 and a copy of the mark-sheet is Annex. 4. THEreafter, the petitioner also completed the Diploma Course of Physical Education (DPE) from Maharshi Dayanand Saraswati University, Ajmer in the academic year 2001-02 and a copy of the mark sheet is Annex. 5. THE respondent No. 2 Director, Secondary Education, Rajasthan, Bikaner through advertisement Annex. 1 dated 28. 7. 2003 invited applications from the eligible candidates for the post of Physical Teacher (PTI) Gr. III district wise and in pursuance of the said advertisement Annex. 1, the petitioner being fully eligible applied for the said post of Physical Teacher Gr. III alongwith requisite documents within the stipulated time. THE further case of the petitioner is that thereafter, the respondents prepared merit list, but according to the petitioner, the respondents while determining the merit of the petitioner, have not awarded 10 bounds marks to him for the sport certificate Annex. 6 dated 10. 9. 1997 of participating in Inter College Kho- kho Tournament held at SPCM Pisangan (Ajmer) in the year 1997-98 and had 10 bounds marks would have been given to him, he would have got 82. 90% marks. According to the petitioner, the action of the respondents in not giving 10 bonus marks to the petitioner for the sport certificate Annex. 6 is highly unfair, illegal, unreasonable and arbitrary. THE further case of the petitioner is that the respondent No. 2 Director vide Circular Annex. 8 dated 31. 7. 2003 issued guidelines for computation of percentage of the testimonials for selection to the post of Physical Teacher (PTI) Gr. III and item No. 8 of that Circular Annex. 8 provides table for computation of bonus marks for various sport certificates and in that table, Inter College Tournament has not been treated as equivalent to State Level Tournament and according to the petitioner, this is contrary to the Division Bench Judgment of this Court dated 4. 8. 1997 passed in State of Rajasthan and Ors. vs. Umesh Jangid and 19 Ors. (1998 (1) WLC (Raj.) 287) and thus, that part of item No. 8 which does not cover Inter-College Tournament as State Level Tournament cannot be sustained and liable to be quashed and set aside and the petitioner is entitled to get 10 bounds marks for the sport certificate Annex. 6 of participating in Inter College Kho-kho Tournament treating it equivalent to State Level Tournament. Hence, this writ petition with the prayer as stated above. A reply to the writ petition was filed by the respondents and their case is that Inter College Tournament is not a State Level Tournament. It has been further submitted by the respondents that the guidelines/instructions issued by the respondents No. 2 Director through Circular Annex. 8 dated 31. 7. 2003 for appointment to the post of Physical Teacher (PTI) Gr. III clearly define which Tournament is a State Level Tournament and which Tournament is a National Level Tournament and since that Circular Annex. 8 does not provide for any bounds marks in respect of Inter College Tournament as the same is equivalent to Distt. Level Tournament, therefore, the petitioner is not entitled to get any bonus marks for the sport certificate Annex. 6 of participating in Inter-College Tournament as it is equivalent to Distt. Level Tournament. In this respect, reliance has also been placed on the order Annex. R/1 dated 21. 1. 1998 issued by the respondent No. 2 Director. Hence, no interference is called for and this writ petition deserves to be dismissed.

(3.) APART from this, it may be stated here that the provision for giving bonus marks in the case of appointments to the Physical Education Teachers has been made promotion of the sports and in order to give incentive to various sportsmen. The grant of bonus marks, therefore, cannot be restricted to the tournaments of State Level and National Level only, but it should be made applicable to all District Level, State Level or National Level Tournaments organized by a University or Sports Board/authority or by any other Authority recognized in this regard because restricting the bonus marks only to the tournaments of State Level and National Level is against the object of the provision itself.