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2022 Supreme(Raj) 57

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN BHANSALI, J.
Hari Singh Meena, S/o. Shri Har Nath Singh Meena - Petitioner
Versus
State of Rajasthan, Through Its Secretary, Ayurved And Bhartiya Chikitsa Department, Govt. Secretariat, Jaipur & Ors. - Respondents
S.B. Civil Writ Petition No. 2328 of 2022
Decided On : 17-02-2022

Advocates Appeared:
For the Petitioner: Mr. O.P. Sangwa.
For the Respondent: Mr. Anil Kumar Gaur, AAG, Mr. Suniel Purohit.

Headnote:

Rajasthan Medical & Health Subordinate Service Rules, 1965 - Rule 19 - Scrutiny of applications - Writ petition has been filed by petitioner seeking a direction to respondents to treat experience gained by petitioner from State of Gujarat as eligible for award of bonus marks for recruitment to post of Compounder/Nurse Junior Grade pursuant to advertisement – Held, Division Bench clearly came to conclusion that intention of State is to confine benefit of award of bonus marks to those employed in enumerated schemes within State of Rajasthan and not others - Plea raised by petitioner apparently has no substance - So far as judgment in case of Jagdish Prasad (supra) is concerned, same is based on unamended proviso of Rajasthan Medical and Health Subordinate Service rules, 1965 and as such interpretation placed therein, cannot be employed for purpose of interpreting amended provision, which as noticed hereinbefore, already stands concluded by Division Bench of this Court – Petition dismissed.

ORDER :

1. This writ petition has been filed by the petitioner seeking a direction to the respondents to treat the experience gained by the petitioner from the State of Gujarat as eligible for award of bonus marks for recruitment to the post of Compounder/Nurse Junior Grade pursuant to the advertisement dated 17.6.2021 (Annex.1).

2. The advertisement dated 17.6.2021 was issued in terms of provisions of Rajasthan Ayurvedic, Unani, Homoepathy and Naturopathy Subordinate Service Rules, 1966 ('the Rules'). In terms of Rule 19 of the Rules, as amended lastly on 12.6.2021, the requisite in Clause-7 of the advertisement, reads as under:-

    ^^jktLFkku vk;qosZn] ;wukuh] gksE;ksiSfFkd ,oa izkd`frd fpfdRlk v/khuLFk lsok fu;e] 1966 ,oa la'kksf/kr fu;e 2013 o la'kksf/kr fu;e 2021 ds fu;e 19 ds izko/kkuksa ds rgr vH;fFkZ;ksa dks cksul vad ns; gSA
    1- bu foKkfir inksa ds fy, jkT; ljdkj] eq[;ea=h chih,y] thou j{kk dks"k] jk"Vªh; LokLF; fe'ku] MkW- loZiYyh jk/kkd`".ku~ jktLFkku vk;qosZn fo'ofo|ky;] tks/kiqj ;k ljdkj }kjk jktLFkku jkT; esa lapkfyr dksbZ vk;q"k ifj;kstuk ds vUrxZr foKkfir in ds leku dk;Z
    (Similar Work) ij dk;Z djus dh vof/k ds vk/kkj ij vuqHko izkIr vH;fFkZ;ksa dks izR;sd iw.kZ o"kZ ds vuqHko ij 10 izfr'kr cksul vad ,oa vf/kdre 30 izfr'kr cksul vad ns; gksxsA ,d o"kZ ls de vof/k ds fy;s dksbZ cksul vad ns; ugha gksxkA**

3. The petitioner, who is working with the Regional Ayurveda Research Institute, Ahmedabad (Gujarat), based on his experience certificate dated 1.7.2021 (Annex.4), applied for the post and sought bonus marks for the experience as depicted in the experience certificate.

4. The respondents apparently did not award the bonus marks for experience and consequently, the name of the petitioner did not appear in the list of candidates qualified for Nurse/Compounder vacancy for unreserved category.

5. Feeling aggrieved, the present petition has been filed. Learned counsel for the petitioner submitted that the respondents are not justified in denying the requisite marks to the petitioner, inasmuch as, the experience gained by the petitioner at Ahmedabad, cannot be denied to be counted in terms of the experience certificate.

6. Submissions were made that the respondents apparently have denied the grant of bonus marks on account of the fact that experience was gained by the petitioner at Ahmedabad (Gujarat), which is based on wrong interpretation of the provisions and as such the action deserves to be quashed and set aside.

7. Reliance has been placed on judgment in Jagdish Prasad & Ors. v. State of Rajasthan & Ors., D.B. Civil Writ Petition No.12942/2015, decided on 9.2.2016.

8. Learned counsel for the respondents vehemently opposed the submissions. It was inter alia submitted that the plain reading of the stipulation made in the advertisement would reveal that it is only the experience which is gained within the State of Rajasthan, which is eligible for award of bonus marks and as admittedly, the petitioner has produced the experience of having worked outside the State of Rajasthan, he is not entitled for award of bonus marks.

9. Submissions have been made that the plea is no more res integra as Division Bench of this Court in State of Rajasthan & Ors. v. Satya Dev Bhagaur & Ors., D.B. Special Appeal Writ No.837/2019, decided on 13.8.2019, regarding pari materia provisions of Rajasthan Medical & Health Subordinate Service Rules, 1965 has laid down that benefit of award of bonus marks cannot be given to candidates who gained experience outside the State of Rajasthan and, therefore, the petition deserves to be dismissed.

10. I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

11. The facts are not in dispute, wherein, the petitioner has produced the experience certificate of having worked with Regional Ayurveda research Institute, Ahmedabad.

12. The provisions of Rule 19 of the Rules of 1966, which reads as under:-

    "19. Scrutiny of applications. - The Appointing Authorit

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