LAXMI NARAYAN Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) In pursuance of the Notification dated 26-8-95 issued by the Chief Executive Officer (Respondent No. 2) inviting applications for the post of Teacher Gr. III under the Zila Parishad, Churu, the petitioner, who is B.A., B.Ed., applied for the post. In the Notification, it was also stated at Item No. 8.2 that the candidates who held NCC Certificate of National Level will be provided 5% marks while considering their merit. A provisional merit list of the candidates who had applied was prepared and the name of the petitioner was shown at Serial No. 196 and he was called for interview vide letter dated 14-5-96. The petitioner appeared before the Selection Committee on 26-5-96 and at that time he was informed that 5% marks were not being given to him for the certificate dated 8th May, 1985 enclosed with his application as it was not equivalent to the national level certificate.

(2.) The petitioner's case is that the last candidate in the selection list was having 82.83% marks whereas the petitioner's total percentage was 84.36 yet he has not been appointed on the post and the less meritorious persons have been given appointment and this has happened because of not counting 5% marks prescribed for NCC Certificate, in respect to the certificate submitted by him. The petitioner made representations before the respondents and also submitted letter dated 24th July, 1996 obtained from NCC Directorate, Rajasthan, Jaipur certifying that the certificate of All India Trekking Expedition organised by the Director General, NCC, New Delhi may be treated as national level certificate yet the respondents did not give 5% marks to the petitioner. It has been prayed that the respondents be directed to consider his certificate Annx. P/2 and award him the marks therefor and give him appointment as per his merit.

(3.) In the reply filed by the respondents, it has been averred that the certificate Annx. 2 is not equivalent to the national level certificate, and it has been so decided by the District Establishment Committee, Zila Parishad, Churu, vide Annx. R/1 and therefore, the petitioner is not entitled to the weightage of 5% marks, and is not entitled to appointment to the post of Teacher as no person lower in merit has been given appointment.