Point of Law: Object of providing bonus marks in recruitment process is to place candidates having sufficient experience of working.

JUDGMENT :

(Kuldeep Mathur, J.)

1. The instant intra court appeal is preferred by the appellant-writ petitioner for assailing the order dated 22.12.2022 passed by the learned Single Bench whereby, the writ petition seeking a direction upon the respondents to consider the experience certificate issued by Social Justice and Empowerment Department in favour of the appellant-writ petitioner for grant of bonus marks against the post of Lower Division Clerk (LDC) pursuant to the advertisement dated 16.02.2013, was dismissed.

2. Briefly stated facts of the case are that the appellant-writ petitioner was appointed as Computer Operator on daily-wages basis by placement agency (Madhu Advertiser’s) on contract basis w.e.f. 01.10.2019 in the office of Assistant Director, Social Justice and Empowerment Department, Bhilwara. By an order dated 02.10.2010, twenty nine activities/schemes of various departments including Social Justice and Empowerment Department were transferred to the Department of Rural Development and Panchayati, Government of Rajasthan with functionaries and funds for their effective implementation, in light of 73rd Amendment to the Constitution of India. The case set up by the appellant is that in furtherance of order dated 02.10.2010, he was directed to work under direct supervision of the officials of Panchayati Raj Department for implementation of the schemes transferred from Social Justice and Empowerment Department. An advertisement dated 16.02.2013 was issued for LDC Recruitment, 2013 wherein a computer operator working with Panchayati Raj Department having experience of more than one year was held entitled for bonus marks seeking appointment on the advertised post. The appellant-writ petitioner submitted the application form and claimed bonus marks for the experience gained by him while working as Computer Operator through placement agency in the respondent-department. The recruiting agency denied bonus marks to the appellant on the count that he was not appointed by Panchayati Raj Department either directly or through placement agency in any of its activities/schemes.

3. The learned Single Bench by the impugned order dated 22.12.2022 dismissed the writ petition filed by the petitioner claiming bonus marks for the experience gained by him holding that he had not worked under MGNREGA or any other schemes of Panchayati Raj Department and therefore, he was not entitled for bonus marks while seeking appointment on the post of LDC, in furtherance of the advertisement dated 16.02.2013. The order dated 22.12.2022 is assailed in this intra court appeal.

4. Learned counsel for the appellant vehemently submitted that though the appellant was appointed as Computer Operator through placement agency in Department of Social Justice Empowerment, however after issuance of order dated 02.10.2010, various activities/schemes of Social Justice and Empowerment Department were transferred to Panchayati Raj Department with functionaries and funds, the appellant had worked only under the schemes transferred to Panchayati Raj Department. Learned counsel drew the Court’s attention towards various office orders including office order dated 24.03.2011 to substantiate the fact that the appellant-writ petitioner had worked under various activities/schemes of Social Justice and Empowerment Department transferred to Panchayati Raj Department, while working under direct control and supervision of the authorities of Panchayati Raj Department. Lastly, it was submitted that the purpose of bonus marks/extra marks in any recruitment process is to have inclusion of experienced persons while drawing merit list/select list without compromising knowledge, skill, exposure, concept of task given and procedural knowledge. It would thus be unjust if the appellant-writ petitioner is deprived of bonus marks for the experience gained against his working in the schemes of Social Justice and Empowerment Department transferred to Panchayati Raj Department. It was thus