1. 1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 22.2.1993 with a prayer that by an appropriate writ, order or direction, the respondents be directed to award 3 bonus marks for Sangeet certificate to the petitioner and thereafter provide appointment to the petitioner on the post of Primary School Teacher with effect from 9.9.1992 when the person lower in merit was provided appointment with all consequential benefits.

2. The facts as put forward by the petitioner are as under:

(i) That the petitioner has to his credit qualification of Higher Secondary Examination as well as he has also qualified BSTC (known as STC) which is the requisite qualification of training for appointment being given on the post of Primary School Teacher in Panchayat Samitis.

(ii) That an advertisement No. 92/1 (Annex. P/1) was issued on 6.6.1992 whereby the applications were invited from the eligible candidates for appointment against 386 posts of teachers.

(iii) That in pursuance of the advertisement No. 92/1 (Annex. P/1), the petitioner submitted an application form along with the requisite documents as well as he also submitted the documents which were requisite for award of bonus marks. The petitioner submitted copies of the certificates of Higher Secondary Examination, NCC Part-A, 1st an IInd Scouting and the State Level Certificate in Wrestling and a bonafide resident certificate of Bikaner District. Besides this, the State Level Sangeet Certificate was also submitted by the petitioner. A copy of the certificate dated 24.2.1980 issued by the National Theatre, Bikaner is marked an Annex. P/2.

(iv) That when the petitioner came to know that his State Level Sangeet certificate dated 24.2.1980 (Annex. P/2) was not being treated as equivalent to the certificate issued by the Rajasthan Sangeet Natak Academy, Jodhpur, then a certificate dated 11.9.1992 (Annex. P/3) issued by Vice President, National Theatre, Bikaner was submitted which shows that the National Theatre, Bikaner was recognised by Rajasthan Sangeet Natak Academy, Jodhpur vide its letter dated 13.9.1969. Apart from this, certificate dated 19.9.1992 (Annex. P/4) issued by Rajasthan Sangeet Natak Academy, Jodhpur was also submitted by the petitioner wherein it was made clear that the National Theatre, Bikaner was affiliated with Rajasthan Sangeet Natak Academy, Jodhpur.

(v) That the further case of the petitioner is that despite presentation of above certificates, the petitioner was not awarded 3 bonus marks for State Level Sangeet Certificate.

(vi) That the merit list was prepared by the respondents on the basis of criteria laid down in pursuance of notification dated 22.2.1991 as well as the order dated 26.2.1991 issued by the State Government. Interviews were held with effect from 9.9.1991. The last candidates who had secured 42.9% marks was provided appointment, but the petitioner was not provided appointment.

(vii) That when the marks for Sangeet were not added by the respondents, then he submitted a representation (Annex. P/5) in month of September, 1992 wherein he stated that he was entitled for allocation of 3 marks for Sangeet and in case 3 marks were added, then his total marks would come to 45.75% and he would come in the merit list of the candidates and when the petitioner was not given appointment, he has filed the present writ petition with the prayer as stated above.

3. That the main contention raised by the learned Counsel for the petitioner in this writ petition is that the action of the respondents in not awarding 3 marks to the petitioner for his State Level Certificate in Sangeet is arbitrary exercise of power which is anti-thesis of Articles 14 and 16 of the Constitution of India and it is submitted by the petitioner that in view of certificate dated 24.2.1980 (Annex. P/2), certificate dated 11.9.1992 (Annex. P/3) and certificate dated 19.9.1992 (Annex. P/4), the petitioner is entitled to get