STATE OF RAJASTHAN Vs. UMESH JANGID

JUDGEMENT

(1.) THIS appeal and the appeals mentioned in the Schedule raise a common controversy relating to grant of bonus marks to the sportsmen in the matter of employment to Physical Teachers in the Education Department and, therefore, they are being disposed of by this common judgment. For adjudication of the controversy, the fact of D.B. Civil Special Appeal No. 261 of 1997 (State of Rajasthan and Ors. v. Umesh Jangid) are taken into consideration.

(2.) THE Director, Primary and Secondary Education, Rajasthan, Bikaner, by a Notification invited applications for appointment of III Grade Teachers/Physical Training Instructors/Librarians/Laboratory Assistants. The writ petitioner (respondent in the appeal) and other eligible persons, in pursuance to this Notification, applied for appointment on the post of Physical Teacher Grade II and III. The name of the petitioner was placed at Serial No. 53 in the Merit List. While considering his case, his participation in the Inter -University Tournaments was not taken into consideration. Since the name of the petitioner was below in the merit list, therefore, he could not be given appointment.

(3.) IT is contended by the learned Counsel for the appellants that it is not the domain of the aspiring candidates to equate games as per their choice and it is for the concerned authorities to determine, decide and recognise a particular level of tournament for being awarded the bonus marks and such decisions are ordinarily respected at the face value unless they are found to be perverse or arbitrary; the appellants, in the present cases, decided to award bonus marks for District Level, State Level and National Level Tournaments and for being eligible to get the bonus marks, a candidates has to fulfill two essential conditions, namely, (i) that he must have taken part in the competition which has been organised by the Education Department etc; and (ii) that the authority concerned must be satisfied that such competition is either of the levels mentioned in the advertisement. Since the petitioners have not participated in any of the tournaments organised by the Education Department, therefore, they were not entitled for getting the bonus marks and the learned Single Judge was, therefore, not justified in awarding the bonus marks also to the candidates who have participated in the tournaments not organised by the Education Department.