JUDGMENT

1. The instant writ petition has been preferred by the petitioners herein with the following prayers :-

"It is, therefore, most respectfully prayed that your lordships may graciously be pleased to allow this writ petition and :

I. that it is prayed that by an appropriate writ, order or direction, rule 20 of the Rajasthan Medical and Health Service Rules, 1963 be declared ultra vires to the provisions of articles 14 and 16 of the Constitution of India wherein it is not provided for grant of bonus marks for the acquired experience inter alia for the post of medical officer and consequently the respondents may specifically be commanded to add similar kind of proviso to the main provision for providing bonus marks as against the acquired experience for the post of medical officer as well.

II. that by an appropriate writ, order or direction, the action/inaction on the part of the respondent in not making the amendment under the rules of 1963 for grant of bonus marks at par with the other service rules be declared illegal, arbitary, malafide and violative of articles 14 and 16 of the Constitution of India.

III. That is also prayed that by an appropriate writ, order or direction, the respondents specifically the respondent university be commanded to make recommendation considering the acquired experience of the candidates for the post of medical officer under the advertisement dated 23.11.2019 making it subject to the final outcome of the present writ petition."

2. Mr. P.S. Balot, learned counsel representing the petitioner, vehemently and fervently urged that the petitioners are working as Medical Officers on purely ad hoc basis and are facing hostile discrimination in the matter of regular selection to the posts of Medical Officers under the Medical Officers Direct Recruitment Examination, 2019 claiming that the experience gained by the petitioners while working on ad hoc basis in the various health centers across the State of Rajasthan is not being considered for grant of bonus marks as is prevailing for recruitment in similar services, i.e. Ayurvedic, Yunani, Homeopathy and Naturopathy doctors, Pharmacists etc. Mr. K.S. Rajpurohit, learned AAG, on the other hand vehemently and fervently urged that the prayer made by the petitioners is totally misconceived. He submitted that the policy decision to grant bonus marks in any selection process is the exclusive domain of the rule making power of the State Government. A statute cannot be struck down/supplemented by this court in exercise of the extraordinary writ jurisdiction of this court because this would amount to encroachment on the rule making power exclusively in the domain of the State legislature. He relied upon the judgment of Division Bench of this court in the case of Ratan Singh & Ors. v. State of Rajasthan & Ors. [D.B. Civil Writ Petition No.13131/2018 decided on 05.08.2019] and implored the court to dismiss the writ petition.

3. We have given our thoughtful consideration to the submissions advanced at bar and have carefully perused the grounds set out in the writ petition, the prayer made therein and the reply of the respondents so also the documents available on record.

4. Suffice it to say that the prayer which has been made by the petitioners in this writ petition is absolutely vague and laconic. The petitioners have claimed that Rule 20 of the Rajasthan Medical and Health Service Rules, 1963 should be declared ultra vires to the extent it does not provide for grant of bonus marks for experience acquired by the persons, who have worked as Medical Officers on ad hoc/urgent temporary basis. However, the petitioners have not demonstrated as to what is the foundation of their claim for grant of bonus marks and under which statutory provision, the Ayurveda, Yunani, Homeopathy and Naturopathy doctors have been granted such indulgence. On a perusal of the recruitment notification Annex.4, it becomes clear that this benefit of bonus marks has been granted to the incumbents un