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2013 Supreme(Raj) 170
RAJASTHAN HIGH COURT
Manohar Singh & Ors. Vs. State of Raj. & Ors. (Vyas, J.)
HON'BLE GOPAL KRISHAN VYAS, J.
Manohar Singh & Ors.
Versus
State of Raj. & Ors.
S.B. Civil Writ Petition Nos. 3622, 3290 & 3753 of 2013, decided on 29.04.2013
Mahaveer Bishnoi, Rakesh Arora & Ajay Vyas, for Petitioners;
Yashpal Khileree, Dy. Govt. Counsel, for State
Headnote:Constitution of India, Art. 14; Rajasthan Medical and Health Subordinate Service Rules, 1965, Rule 19 — Grant of bonus marks — Imposed condition not to grant this benefit to the employees appointed through NGO/Placement Agency — As there is no relationship of master and servant between the Govt. and the placement agency — Held — The amendment made in Rule 19 nowhere provide the mode of appointment of employees to whom bonus marks are to be given — State Govt. cannot be permitted to make class of employees in a class for which specific bonus marks are provided for experience — Condition being discriminatory and violative of Art. 14 of the Constitution quashed and set aside. (Paras 8 to 12)
Writ petitions allowed.
Hkkjr dk lafo/kku] vuqPNsn 14( jktLFkku fpfdRlk ,oa LokLF; v/khuLFk lsok fu;e] 1965] fu;e 19 & cksul vad iznku djuk & ;g 'krZ vf/kjksfir dh fd ,u-th-vks-@IyslesaV ,tsalh ds ek/;e ls fu;qDr deZpkfj;ksa dks ;g ifjykHk ugha fn;k tkos & dkj.k fd ljdkj o IyslesaV ,tsalh ds e/; Lokeh o lsod dk dksbZ lEcU/k ugha gksrk & vfHkfu/kkZfjr & fu;e 19 esa fd;s x;s la'kks/ku dgha ij Hkh mu deZpkfj;ksa dh fu;qfDr ds <ax dk micU/k ugha djrs ftUgsa cksul vad iznku fd;s tkus gS& jkT; ljdkj dks ,d oxZ esa deZpkfj;ksa dk oxZ cukus dh vuqefr ugha nh tk ldrh ftlds fy, fofufnZ"V cksul vad vuqHko gsrq iznku fd;s tkrs gS & ;g 'krZ HksnHkkodkjh ,oa lafo/kku ds vuqPNsn 14 dh mYya?kudkjh gksus ds dkj.k vfHk[kf.Mr o vikLr dhA ¼in la[;k 8 ls 12½
;kfpdk,a Lohdkj dhA
2. In above writ petitions, the petitioners are challenging Condition No.7 of order dated 11.3.2013 (Annex.6) issued by the Principal Secretary, Medical & Health (Group-III) Department, Government of Rajasthan, Jaipur whereby a specific instruction is issued for not granting bonus marks to those employees who were engaged to perform nursing work through NGO/placement agency.
3. Learned counsel for the petitioner submits that for recruitment on the post of Nurse Grade-II, an advertisement was issued by the respondent Department on 26.02.2013. Before issuance of advertisement on 06.02.2013, an amendment was made by the State Government vide notification dated 6.2.2013 while exercising power conferred by proviso to Article 309 of the Constitution of India in the Rajasthan Medical & Health Subordinate Service Rules, 1965 whereby a proviso was added under Rule 19 of the Rules of 1965 whereby it is provided that in case of appointment to the posts other than pharmacist, which are not in purview of the Commission, merit shall be prepared by the Appointing Authority on the basis of marks obtained in such qualifying academic examination or professional examination or both as may be specified in the schedule appended to these rules and such bonus marks as may be specified by the State Government having regard to the length of experience on similar work under the Government, National Rural Health Mission and Medi Care Relief Society. The State Government issued advertisement dated 26.2.2013 specifically provided 10 marks for each year and up to the extent of 30 marks but this benefit is denied to the petitioners for the reason that petitioners were appointed through placement agency.
4. Learned counsel for the petitioners submits that in the amendment made under Rule 19 of the Rules of 1965, it is nowhere provided that benefit of bonus marks will be denied to those employees who were appointed through NGO/placement agency. The only words used is that such bonus marks as may be specified by the State Government having regard to the length of experience on similar work under the Government, National Rural Health Mission and Medi Care Relief Society will be given. Meaning thereby, as per argument of petitioner' counsel, the condition No.7 of the order dated 11.3.2013 runs contrary to the amendment made in the Rules of 1965, therefore, prayed that the Condition No.7 of the order dated 11.3..2013 (Annexure-6) may kindly be quashed and respondents may be directed to grant benefit of bonus marks to the employees who performed the similar work under the Government, National Rural Health Mission and Medi Care Relief Society irrespective of the mode of appointment. The main ground to challenge the condition No.7 is discriminatory practise by the respondent State which is violative of Article 14 of the Constitution of India.
5. Mr. Yashpal Khileree, Dy. Govt. Counsel appearing on behalf of the respondents vehemently opposed the prayer and submits that although an amendment was made to provide bonus marks for experience but the said amendment was restricted only for those employees who acquired experience after appointment by the Government in the National Rural Health Mission and Medi Care Relief Society and the benefit of bonus mark is not available to the employees who were appointed through placement agency for the simple reason that there is no relationship of master and servant between the government and the placement agency.
6. It is further submitted that order dated 11.3.2013 was issued by the Government in furtherance of the amendment made in Rule 19 of the Rules of 1965, therefore, it is within jurisdiction of the State Government to prescribe bonus marks for those employees who were appointed by the Government in the aforesaid national programme. While inviting attention of the Court towards the fact that before Division Bench, the notification dated 6.2.2013 as well as the order dated 1
