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INDERJEET SINGH
Santosh Pareek – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. Counsel for the petitioner submitted that the issue raised in this writ petition has been considered and decided by the Co- ordinate Bench of this Court at Principal Seat, Jodhpur in the matters as detailed below:-
(1) In the matter of Bhawna Lohdar v. State of Rajasthan & Ors. passed in S.B. Civil Writ Petition No.1535/2022, decided on 24.05.2022, it has been held as under:-
"This petition along with a bunch of 20 writ petitions, enlisted in the appended Schedule give rise to same issue, which shall be treated to be part and parcel of the order instant, are decided by a common order.
These writ petitions have been filed by the petitioners, who are candidates at the recruitment to the post of Lab Assistant vide notification dated 29.5.2018. It is inter alia indicated in the writ petitions that the qualification inter alia provided that those having minimum 3 years' experience of working as Laboratory Assistant/Lab Technician in State Government Hospitals on contract basis or through Service Provider Agency, shall also be eligible.
The petitioners being eligible based on the said eligibility indicated after obtaining the requisites from the concerned officers, filed applicati
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.
Experience certificates are valid for bonus marks even if the candidate was not registered at the time of service, as per the eligibility criteria outlined in the advertisement.
The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.
Principles of natural justice require that individuals be given an opportunity of hearing before being disqualified from a recruitment process.
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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