IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN BHANSALI, J.
Bhairu Lal Balai, S/o. Sojee Ram Balai - Petitioner
Versus
State of Rajasthan, Through Secretary, Ayurved and Indian Medicine Department, Government of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 2316 of 2022
Decided On : 16-02-2022
Constitution of India, 1950 – Article 226 - Seeking a direction to respondents to award bonus marks to petitioner - Recruitment to post of Compounder/Nurse Junior Grade pursuant - Writ petition has been filed by petitioner seeking a direction to respondents to award bonus marks to petitioner based on experience certificate in relation to recruitment to post of Compounder/Nurse Junior Grade pursuant to advertisement – Held, perusal of certificate issued, indicates that he was working in NPCDCS Programme - However, in experience certificate of petitioner, there is no reference regarding petitioner working under any project being run by Government - It is not in dispute that NPCDCS Programme is run by Government and as such, in so far as plea based on Clause 7 of advertisement is concerned, same has no substance - So far as plea based on grant of bonus marks is concerned, Government order confined grant of bonus marks to those working under NPCDCS Programme and at CHC/PHC and as per experience certificate, he was working under NPCDCS Programme at CHC, his case falls within said order, whereas experience certificate of petitioner did not indicate any such thing regarding petitioner having work either under NPCDCS Programme or at CHC/PHC, in those circumstances, plea of discrimination, raised also has no substance - Writ petition dismissed.
ORDER :
1. This writ petition has been filed by the petitioner seeking a direction to the respondents to award bonus marks to the petitioner based on the experience certificate dated 23.06.2021 (Annex.5) in relation to recruitment to the post of Compounder/Nurse Junior Grade pursuant to the advertisement No.1/2021 dated 17.06.2021.
2. It is, inter-alia, submitted on behalf of the petitioner that from the experience certificate (Annex.5), it is apparent that the petitioner has worked as Staff Nurse (Male) (contractual) from 01.06.2019 to 03.12.2020 at M.S. Regional Ayurveda Research Institute and as such, the petitioner falls within the parameters laid down in Clause 7 of the advertisement entitled to award of bonus marks.
3. Further submissions have been made that the respondents have granted bonus marks to other similarly situated candidates, who are pharmacists based on the communication dated 15.11.2021 (Annex.12) issued by the State Government and therefore, on that count also, the petitioner, who has worked as Staff Nurse, is entitled for grant of bonus marks and denial thereof is not justified.
4. Learned counsel appearing for the respondents make submissions that the plea raised by the petitioner is baseless, inasmuch as, the petitioner neither falls within the parameters laid down in the Government order dated 15.11.2021 (Annex.12) nor within Clause 7 of the advertisement and as such, the petitioner has not been granted the bonus marks and therefore, the petition deserves to be dismissed.
5. I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
6. The experience certificate issued to the petitioner by M.S. Regional Ayurveda Research Institute, reads as under :-
7. The experience certificate issued to one Dinesh Sepat, which is relied on by the petitioner, reads as under :-
8. The circular dated 15.11.2021 (Annex.12) issued by the State Government, reads as under :-
9. The requisite in Clause 7 of the advertisement, reads as under :-
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