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Tayyab Hussain S/o Zulfikar Ali – Appellant
Versus
State of Rajasthan, Through the Secretary, Department of Medical And Health Services – Respondent
ORDER :
1. This writ petition has been filed by the petitioner seeking a direction to the respondents to issue a fresh experience certificate to the petitioner after adding leave and grant bonus marks after calculation of leave in the experience. Further prayer has been made that the action of the respondents in considering 3 years’ experience qua the professional qualification only and not for award of bonus marks, be declared as arbitrary, unreasonable, illegal and the same be quashed and set aside.
2. The petitioner applied for the post of Lab Assistant pursuant to advertisement dated 29.5.2018. The advertisement inter alia indicated the following educational -professional qualification for eligibility:-
3. The petitioner is secondary pass and is relying on having 3 years’ experience of working as Laboratory Assistant / Laboratory Technician.
4. The advertisement further provides for award of bonus marks in terms of Rule 19 of the Rajasthan Medical and Health Subordinate Service Ru
The main legal point established in the judgment is the requirement to consider experience certificates and the principles of natural justice in determining eligibility for the post of Laboratory Ass....
Point of Law : Court is firmly of the opinion that experience certificate dated issued by respondent department is required to be taken into consideration for grant of bonus marks to the petitioner.
Weekly offs cannot be excluded from work experience calculations for bonus marks, as it violates statutory obligations and fundamental rights.
Weekly offs and holidays must be included in calculating work experience for bonus marks, as excluding them violates fundamental rights.
Purpose of calculation of bonus marks, experience of a candidate as provided in Clause 8 of advertisement.
The main legal point established in the judgment is that the experience certificate should be considered valid, and the decision not to award marks for the petitioner's experience was not sustainable....
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