Hon'ble MISHRA, CJ.—In these writ applications, the main grievance of the petitioners is that amendment made in the proviso to Rule 19 of the Rajasthan Medical & Health Subordinate Service Rules, 1965 (hereinafter referred to as “the Rules of 1965”) vide notification dated 21.2.2012 extending benefit of bonus marks to the candidates working in Government Institutes etc. be declared ultra vires the Constitution or the notification dated 21.2.2012 be amended by extending benefit of bonus marks to the private pharmacists in accordance with their length of experience.

2. Pursuant to the advertisement dated 26.11.2011 issued by the Rajasthan Health Science University, Jaipur inviting applications for appointment to the posts of Pharmacist, the petitioners possessing requisite qualifications have applied for the said post. The recruitment was to be made as per the provisions of the Rules of 1965. The petitioners possess experience of working as private Pharmacist in different private institutes. The last date for submission of on-line application was 17.12.2011 and for submission of hard copy application alongwith documents, the last date was 26.12.2012. The advertisement dated 26.11.2011 provided for award of maximum 10 bonus marks to the candidates having experience of working as Pharmacist under State Government or National Rural Health Mission (for short “NRHM”). Thereafter, a decision was taken to provide 20% bonus marks to the NRHM employees working with the Government. Thereafter, amended advertisement was issued on 30.12.2011 and the last date for submission of online application and hard copy application was extended upto 4.1.2012 and 9.1.2012 respectively.

3. Thereafter, vide notification dated 21.2.2012 issued by the Government of Rajasthan, Rule 19 of the Rules of 1965 was amended by way of Rajasthan Medical & Health Subordinate Service (Amendment) Rules, 2012 with effect from 24.11.2011. The amended Rule 19 provides that in case of appointment to the post of Pharmacist, the written examination shall be conducted by the Appointing Authority and the merit shall be prepared on the basis of marks obtained in such written examination and such bonus marks as may be specified by the State Govt. having regard to the length of experience on similar work under the Government, Chief Minister BPL Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institutes under Cooperative Department or Sahakari Upbhokta Bhandar.

4. After amendment made in Rule 19 of the Rules of 1965, a fresh advertisement was issued on 24.2.2012 and the last date for submission of on-line application and hard copy application was fixed as 2.3.2012 and 12.3.2012 respectively. Thereafter, examinations were conducted from 15th to 17th June, 2012 and result was declared on 29.6.2012.

5. The petitioners have challenged the amendment made in Rule 19 of the Rules of 1965 contending that the same is violative of Articles 14 & 16 of the Constitution; the nature of duties performed by the Pharmacists working under the State Government and the Private Institutes/shops is the same and thus, award of bonus marks only to the Pharmacist working under the institutions of Government etc. is arbitrary, illegal and discriminatory; there is no justification to deny the bonus marks to the candidates having experience of working as Pharmacist with the private institutes. Apart from this, it was further submitted that amendment cannot be made with retrospective effect.

6. A reply has been filed on behalf of Rajasthan University of Health Sciences in Writ Petition No.9356/2012 stating inter-alia that there is no violation of Article 14 or 16 of the Constitution in giving bonus marks to only those candidates having experience of working as Pharmacist in the Government Institutions etc.; no case of discrimination has been made out if such bonus marks are not given to candidates working as Pharmacist in private institutes/shops; reasonable class

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