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IN THE HIGH COURT OF RAJASTHAN
PUSHPENDRA SINGH BHATI, J.
SUBHASH CHANDRA NAIN - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Civil Writ Petition No. 12486 of 2017
Decided on : 17-02-2018
BONUS MARKS - NURSE GRADE II - RULE 19 OF THE RULES OF 1965 - RAJASTHAN NURSING COUNCIL - SUMMARY
Fact of the Case:
Petitioners, qualified as General Nursing & Midwifery (GNM) and registered in Rajasthan Nursing Council, sought bonus marks for experience while applying for the post of Nurse Grade-II. The advertisement invited applications for the post of Nurse Grade-II Public Health Nurse and Women Health Worker. The petitioners claimed that the respondents failed to extend 10 bonus marks for each year up to 30 bonus marks as required by Rule 19 of the Rules of 1965 and the terms of the advertisement.
Finding of the Court:
The court noted that the selection process was completed in February 2016, and the precedent law at the time required the respondents to give the benefit of 5, 10 & 15 marks for completing 1, 2 & 3 years of service. The court also considered the judgment of the Supreme Court, which held that the weightage given for experience to the employee is a sheer discretion of the State and unless there is anything arbitrary, the same ought to be interfered by the Court.
Issues: 1. Whether the petitioners were entitled to bonus marks for experience while applying for the post of Nurse Grade-II? 2. Whether the respondents were required to extend 10 bonus marks for each year up to 30 bonus marks as per Rule 19 of the Rules of 1965 and the terms of the advertisement?
Ratio Decidendi: 1. The court held that the selection process was completed in February 2016, and the precedent law at the time required the respondents to give the benefit of 5, 10 & 15 marks for completing 1, 2 & 3 years of service. 2. The court also considered the judgment of the Supreme Court, which held that the weightage given for experience to the employee is a sheer discretion of the State and unless there is anything arbitrary, the same ought to be interfered by the Court. 3. The court found that the State had decided to follow the judgment of the Hon'ble Division Bench of this Court dated 24.09.2013 for giving 5, 10 & 15 bonus marks respectively.
Final Decision: The court dismissed the writ petitions, holding that no interference was called for as the State had decided to follow the judgment of the Hon'ble Division Bench of this Court dated 24.09.2013 for giving 5, 10 & 15 bonus marks respectively.
PUSHPENDRA SINGH BHATI, J.
1. Defects stand overruled.
2. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
"(i) Issue an appropriate writ, order or direction, in the nature thereof, thereby the respondents be directed to prepare the fresh final merit list/selection list by awarding 10 bonus marks for each year to the petitioners in pursuance of the order dated 29.11.2016 passed by the Hon'ble Supreme Court and clause 9.ii of the advertisement and give appointment to the petitioners on the post of Nurse Grade II, with all consequential benefits.
(ii) Issue an appropriate writ, order or direction, in the nature thereof, thereby, the respondents be directed to give 10 bonus marks to the petitioners for each year of experience.
(iii) Issue an appropriate writ, order or direction, in the nature thereof, thereby the action of the respondent whereby they have given only 5 bonus marks and maximum 15 bonus marks while making merit list be declared illegal and the same be quashed and set aside.
(iv) Issue an appropriate writ, order or direction, in the lying vacant 4,745 posts are as per advertisement on dated 26.02.2013 for the fulfill.
(v) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner.
(vi) Cost of the writ petition be also awarded in favour of the petitioner."
3. Learned counsel for the parties agree that the controversy is covered by the judgment of this Court in Aslam & Ors. v. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.1448/2017 decided on 17.01.2018), which reads as under:-
"1. These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the leading case being S.B. Civil Writ Petition No.3697/2017:
"It is, therefore, most humble prayed that this writ petition may kindly be allowed with cost and by an appropriate writ, order or direction; (i) the respondents may kindly be directed to revise the merit list of Female Health Worker (ANM) in pursuance of the advertisement dated 26.02.2013 (Annex.3) while granting the bonus marks in cap 30 marks as provided as per the Rule 19 and mentioned under Para 8 of the advertisement. (ii) The respondents may kindly be also directed to prepare fresh merit list of Female Health Worker (ANM) in pursuance of advertisement dated 26.02.2013 (Annex.3) in light of the judgment of Hon'ble Supreme Court while granting bonus marks in cap of 30 marks. (iii) the respondents may kindly be further directed if petitioners found eligible and stands in merit list then they may be given appointment on the post of Female Health Worker (ANM) from the date which other similarly situated candidates were given appointment with all consequential benefits.
Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.
Cost of the writ petition may kindly be awarded to the petitioners."
2. Learned counsel for the parties are in a position to refute that the present case is squarely covered by the decision passed by this Court in the matter of Prithviraj & Ors. v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.14942/2017), which reads as under:
"1. These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the leading case being S.B. Civil Writ Petition No.14942/2017.
"It is, therefore, most humble prayed that this writ petition may kindly be allowed with cost and by an appropriate writ, order or direction; (i) the respondents may kindly be directed to revise the merit list of Nurse Grade-II in pursuance of the a
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