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appointment as a Constable (GD) in the recruitment initiated under the recruitment notification dated 28.9.2012 is entitled to claim the benefit of one bonus mark on the basis of the computer efficiency certificate acquired by him belatedly.

The Hon'ble Division Bench of this Court in Hukma Ram Bishnoi's case (supra) considered the exactly the same controversy and held as below:

"5. The respondents published advertisement dated 28.09.2012 for appointment in the district police and the R.A.C. Battalion. The last date for applying was 06.11.2012. The essential condition of eligibility prescribed in the advertisement was was secondary school qualification or class-IX pass or equivalent from a recognized school and for the latter class-VIII pass from a recognized school or Board. The note appended to it provided that those who had appeared at the qualifying examination and results were awaited could also appear subject to their producing the pass certificate at the time of physical efficiency test. The appellant indisputably possessed the minimum eligibility qualification before last date for applying. The advertisement also provided for special additional qualifications of N.C.C., Homeguard and Computer Proficiency. A maximum of two bonus marks could be awarded to those possessing the additional special qualification of proficiency in computers. The essential eligibility and special additional qualifications are entirely different concepts and have to be viewed separately. While there can be no relaxation with regard to the former except to the extent that the advertisement may prescribe, the same rigidity cannot be applied to the stipulation for special additional qualifications especially when the appellant had admittedly appeared at the RS- CIT examination before the date of physical efficiency test and had submitted proof of the same. The distinction was noticed in Dolly Chhanda v. Chairman, JEE, (2005) 9 SCC 779 in the following words:-

There will have to be a distinction between a candidate who may not have appeared at the RS-CIT examination before the date of the physical efficiency test and one who had but production of pass certificate on the relevant date was beyond his control. In case of the former the condition in the advertisement will be mandatory but in the latter case directory as construed in Charles K. Skaria (supra). Possessing a qualification in computer proficiency was not an essential condition of eligibility but an additional qualification to avail bonus marks.

6. The appellant has qualified at all selection stages otherwise. The festering sense of injustice for which he finds himself at his wits end, still at the threshold of his career necessitates an interpretation which advances the cause of justice and does not stultify it devoid of life with aridity."

After making the above discussion, the Hon'ble Division Bench concluded as below:

"9. The aforesaid discussion satisfies us to hold that the appellant has wrongly been denied consideration for grant of bonus marks for his special additional qualification of computer proficiency RS-CIT under the advertisement. The respondents are therefore required to consider his candidature for grant of bonus marks for the same in accordance with law. Let the same be done within six weeks from the date of receipt and/or production of a copy of this order and appropriate reasoned order be passed within the same period. The order under appeal is set aside. The appeal is allowed."

Ms.Sweta Bora learned counsel representing the respondents is not in a position to dispute the fact that the controversy examined by the Hon'ble Division Bench of this Court in Hukma Ram Bishnoi's case (supra) and the case in hand, is exactly identical. Thus, the Hon'ble Division Bench having ruled in favour of the writ petitioner therein after appreciating the very same set of facts, the petitioner is also entitled to the same relief.

Consequently, the writ petition deserves to be and is hereby allowed. The respondent authorities are directed to consider the candidature of the petitioner by granting him benefit of bonus mark for the computer proficiency certificate 'RS-CIT' held by the petitioner. The required action shall be completed within a period of six weeks from the date of submission of copy of this order and a reasoned order be passed in relation thereto within the above period.