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DINESH MEHTA
Giriraj Gujrati S/o Late Shri Ramchandra Gujrati – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The petitioner vied for the post of Lower Division Clerk in furtherance of the advertisement dated 16.02.2013, issued for LDC Recruitment, 2013. While submitting the application form, the petitioner claimed bonus marks for the experience, he had gained while working as a Computer Operator through placement agency.
2. When the result was declared, the petitioner was not awarded bonus marks by the respondents, because he had not worked directly with the State Government and his services were taken through placement agency.
3. Candidates working through placement agencies including the petitioner moved the High Court by way of filing writ petitions (petitioner’s writ petition being D.B. C.W.P. No. 11064/2013 decided on 30.10.2013), which bunch of writ petitions led by Mitendra Singh Rathore & Ors. vs. State of Rajasthan & Ors. (D.B. C.W.P. No. 1723/2013) were allowed by the Division Bench of this Court per viam order dated 30.07.2013 inter alia observing that simply because a person has worked through placement agency, he cannot be denied bonus marks. The said view of the Division Bench was affirmed by Hon’ble the Supreme Court per viam order dated 17.12.2017 in a bunch of Pet
The central legal point established in the judgment is the interpretation of Rule 273 of the Rajasthan Panchayati Raj Rules, 1996, regarding the entitlement of bonus marks for experience gained throu....
Object of providing bonus marks in recruitment process is to place candidates having sufficient experience of working.
The interpretation of statutory provisions for award of bonus marks is guided by the principle of ejusdem generis, where general words take their meaning from specific words preceding them.
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.
The State Government has the discretion to extend weightage to a particular class serving in the State of Rajasthan only, and such discretion cannot be deemed discriminatory or arbitrary.
The main legal point established in the judgment is that the classification made by the rule making authority in granting bonus marks for working experience was unreasonable and violative of Articles....
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