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MANINDRA MOHAN SHRIVASTAVA, BIRENDRA KUMAR
Tikam Chand Verma – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manindra Mohan Shrivastava, J. - By Writ Petition No. 7316/2017 under Article 226 of the Constitution of India, the petitioners have challenged the constitutional validity of proviso to Rule 273 of the Rajasthan Panchayati Raj Rules, 1996, substituted by the Rajasthan Panchayanti Raj (Amendment) Rules, 2013 vide Notification dated 29.01.2013 (Annexure-2).
2. Petitioners have prayed for following reliefs:-
"a) By an appropriate writ, order and direction in the nature thereof the amended provision of Rule 273 of the Rajasthan Panchayati Raj Rules 1996 amended vide Notification dated 29.01.2013 may kindly be held ultra-virus to the Constitution of India, illegal, arbitrary and the same may kindly be quashed and set aside.
b) By an appropriate writ order and direction alternatively the respondents may kindly be directed to further amend the provision of Rule 273 of the Rajasthan Panchayati Raj Rules 1996 and include the posts on which the petitioners have worked in Mid-Day Meal Scheme in the Rule 273 of the Rules 1996.
c) By an appropriate writ order and direction the respondents may be directed to give benefit of bonus marks to the petitioners on their respective posts under Mid-d
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....
The central legal point established in the judgment is the validity of the State of Rajasthan's policy to restrict the benefit of bonus marks to employees who have worked under different organization....
The main legal point established in the judgment is that age relaxation and the award of bonus marks to project-employed applicants were found to be valid and non-discriminatory under the Rajasthan P....
Courts would be slow in interfering in policy matters unless policy is found to be palpably discriminatory and arbitrary.
The court ruled that granting bonus marks based on residence violates the principles of equality under Articles 14, 15, and 16 of the Constitution.
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 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.
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