Rajasthan High Court - Jodhpur
Amritpal Singh vs State And Ors on 6 January, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5338/2003
Amritpal Singh S/o Sh. Ranjeet Singh b/c Jat Sikh, Aged about
26 years, R/o 1-F-16, Sukhria Nagar, Sri Ganganagar.
----Petitioner
Versus
1. The State of Rajasthan through the Secretary, Deptt. of
Education, Secretariat Rajasthan, Jaipur.
2. The Director Secondary Education Rajasthan, Bikaner.
3. The District Education Officer (Secondary), Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. H. S. Siddhu (through VC).
For Respondent(s) : Mr. Hemant Choudhary (through VC).
HON'BLE MS. JUSTICE REKHA BORANA
Order
06/01/2022
The brief facts of the case are as under:
The petitioner had applied for the post of Physical Training
Instructor ('PTI') Grade-III in pursuance to the advertisement
dated 28.07.2003. After the declaration of the result, he was
declared successful and his name reflected in the provisional
select list. But in the final select list, which was prepared on
27.08.2003, his name did not find place and when inquired, it was
informed that he was not granted the 10 bonus marks in lieu of
his Sports certificate because of the fact that he had obtained his
B.P.Ed. degree from out of the State.
Aggrieved of the same, the present writ petition has been
filed. While passing the interim order dated 16.09.2003, this Court
(2 of 5) [CW-5338/2003]
had directed that the appointments made on this post will be
subject to the decision of the present writ petition.
Learned counsel for the petitioner has argued that he stood
in merit and was possessing a State Level Sport certificate which
in terms of the advertisement, entitled him for award of the 10
bonus marks.
Learned counsel submits that the veracity of the certificate is
not under doubt and, therefore, he ought to have been granted
the 10 bonus marks as after awarding of the same, he would
stand in merit.
Learned counsel for the petitioner has relied upon the
Division Bench judgment of this Court reported in RLW 1997(3)
Rajasthan pg.1621, State of Rajasthan & Ors. v. Umesh
Jangid.
Learned counsel for the respondents per contra submitted
that it was a policy decision of the State that those candidates
who had obtained their B.P.Ed. degree from any State other than
the State of Rajasthan would not be granted the bonus marks qua
the Sport certificate.
Learned counsel submitted that as it was a policy decision,
the Court should not interfere with the same and that the decision
taken by the authorities for not granting the bonus marks was
perfectly valid.
Heard learned counsel for the parties and have perused the
material available on record.
It is clear on record that the petitioner had successfully
cleared the examination and his name found place in provisional
select list. So far as his participation in a State Level sports
activity is concerned, the same is also not questioned as the
(3 of 5) [CW-5338/2003]
certificate Annex.-P/6 is a certificate issued by the Education
Department for participation in the 9 th State Level Upper Primary
Sports Competition organized by the Education Department, State
of Rajasthan.
The advertisement in question specifically provided as under:
"lg&"kSf{kd miyfC/k;ksa ;Fkk ,u-lh-lh-] [email protected]]
[ksydwn] u`Rl laxhr vkfn ds vUrxZr izkIr izek.k i=ksa dks layXu
fd, tkus ij fu/kkZfjr cksul vad ns; gksaxsA"
In the case of Umesh Jangid (supra), the Division Bench of
this Court specifically held as under:
"(11). The provision has been made in the
Rules for giving bonus marks to the sportsmen
who have participated in the various tournaments
of District Level, State Level or National Level in
order to compare the performance of various
candidates who, in pursuance to the Notification,
applied for giving appointment on the post of
Physical Teacher Grade III. The provision for
granting the bonus marks has to be considered
and interpreted in the light: whether any
restriction can be placed by the authority for
restricting the scope of granting the bonus marks
only to the tournaments held by the Education
Department or it is applicable to the other
tournaments of District Level, State level or
National Level organised by the Universities or
other Sports Board etc.
The guiding factor for interpreting these
provisions is the eminence of the participants in
sports and their academic excellence. For
adjudging the comparative merit, though
academic excellence is the main criteria but
provision for giving bonus marks to the
participant in various games/tournaments of
District, State and National Level tournament for
appointment on the post of Physical Teacher
Grade II & III has, also, been made. There is a
(4 of 5) [CW-5338/2003]
rational behind giving bonus marks to the
Physical Education Teachers. Granting the bonus
marks to the sports-men, who took part in the
tournaments, is in the public interest of
promotion of sports and gives incentive to the
sports-men. It has been held by the Supreme
Court in: Khalid Hussain (minor) vs.
Commissioner and Secretary to Government of
Tamil Nadu, Health Department, Madras and
others (5) that "reservation of seats in
professional course for sportsman was not
irrational and arbitrary but has reasonable nexus
to the object sought to be achieved in public
interest, namely, promotion of sports."
The Court further held,
"(14). No valid difference can be made
between the tournaments organised by the
Education Department and by the University or by
the Sports Board/Authority etc. The restriction of
granting bonus marks to the persons who
participated in the tournaments organised by the
Education Department, thus, results in inequality
and discrimination and there is no reasonable
basis for making such a discrimination. The
restriction, if any, made by this provision, is in
contradiction of the apparent purpose of the
provision which appears to be not intended and
the Court can, therefore, put a construction by
extending the provision to all the District Level,
State Level or National Level tournaments which
is in consonance with the object of the provision."
In view of the observations above made and in view of the
ratio as laid down in the case of Umesh Jangid (supra), it is clear
that the petitioner is entitled for 10 bonus marks qua his Sports
certificate. The writ petition is, therefore, allowed. The respondent
Department is directed to award 10 bonus marks to the petitioner
and thereafter offer him appointment on the post of Physical
Training Instructor Grade-III, if he otherwise stands in merit and
fulfills all the other required criteria.
(5 of 5) [CW-5338/2003]
It is made clear that the petitioner would not be entitled to
any actual benefits in pursuance to this appointment order but
would be entitled to notional benefits only.
(REKHA BORANA),J
114-Sachin/-
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