Point of Law: Purpose of calculation of bonus marks, experience of a candidate as provided in Clause 8 of advertisement.

ORDER :

1. By way of present writ petitions, petitioners have prayed that the respondents be directed to reckon their experience for the purpose of bonus marks upto the last date of submitting application form i.e. 24.11.2022 and a direction be issued to issue certificate upto recruitment Notification dated 16.11.2022.

2. Learned counsel for the petitioners argued that the respondents have fixed the last date for counting the experience certificate to a day prior to the first date of submitting application form i.e. 23.11.2022.

3. Mr. Jangid, learned counsel for the petitioners argued that there is no statutory backup or rationale behind fixing such date for the purpose of counting experience.

4. Mr. K.S. Rajpurohit, learned Additional Advocate General appearing for the respondent – State at the outset submitted that the issue involved in the present writ petitions has been set at rest by this Court in the judgment dated 05.10.2017 passed in the case of Anil Bishnoi & Ors. vs. State of Rajasthan (S.B. Civil Writ Petition No. 796/2016) and after dealing with all arguments, this Court has upheld the stand of respondent – State in fixing the date for the purpose of counting experience.

5. Having heard the learned counsel for the parties and following the reasoning given in the case of Anil Bishnoi (supra), this Court is of the considered view that the State has committed no error of law in fixing the date i.e. 23.11.2022 to be the date for the purpose of counting experience. In the opinion of this Court, if the stand of the petitioners is accepted, then the date of counting of experience certificate will be a floating/fluctuating date, inasmuch as, the last date of submitting application form often changes due to extension or otherwise and if the same is permitted, it would be iniquitous to the persons who are filling application form immediately on opening of the online portal or some days before the last date of submitting application form.

6. In the case of Anil Bishnoi (supra), this Court has held thus:-

“Besides this, I do not find any incongruity or illegality in the note appended with para No. 8 of the advertisement. If the argument of the Petitioners is to be accepted, then it will be impractical rather impossible to adhere to it. The Court fails to understand, as to how, a candidate can furnish the application form claiming experience upto a date posterior to the date of submitting the form. A candidate can neither obtain such a certificate of a future date nor can such condition be conceived or countenanced in an advertisement. Petitioner can, at the best, claim that the experience upto the date of certificate or at the best, upto the date of actually submitting the form should be considered but then, it will lead to inflexible and inconsistent date(s) leading to complexity. As such, if the Respondents have fixed a uniform date namely, the date immediately preceding the opening date of application form, no fault can be found in such stand.

In view of the discussion above, this Court holds that for the purposes of calculation of bonus marks, experience of a candidate upto 01.03.2013, as provided in Clause 8 of the advertisement can alone be reckoned.

7. Following the adjudication made in the case of Anil Bishnoi (supra), these writ petitions are dismissed.

8. The stay applications also stand dismissed.