Chetan Ram vs State And Ors (2023/Rjjd/002840)
2023 Latest Caselaw 1133 Raj

[2023/RJJD/002840]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5023/2003

Chetan Ram

----Petitioner Versus State And Ors

----Respondent

For Petitioner(s) : Mr. H.S. Sidhu For Respondent(s) : Mr. Hemant Choudhary, GC

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

30/01/2023

Learned counsel for the parties jointly submit that the issue

involved in the present writ petition is no more res-integra and is

covered by the decision rendered by a coordinate Bench of this

Court in Amritpal Singh Vs. State of Rajasthan & Ors.; S.B. Civil Writ

Petition No.5338/2003 vide order dated 06.01.2022, which reads as

follows:

"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

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16.09.2003, this Court 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 certificate Annex.-P/6 is a certificate issued by the Education Department for participation in the 9th State Level Upper Primary Sports Competition organized by the Education Department, State of Rajasthan.

The advertisement in question specifically provided as under:

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"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 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

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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.

It is made clear that the petitioner would not be entitled to any actual benefits in pursuance to this

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appointment order but would be entitled to notional benefits only."

In light of the aforequoted order, the present petition is

allowed in the same terms. All pending applications stand

disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

221-Zeeshan

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