The obligation to comply with the court's previous order and the invalidity of negating the grant of bonus marks in the second writ petition.

JUDGMENT

Rekha Borana, J. - Brief facts of the case are as under:

Vide advertisement dated 30.05.2018, applications were invited for recruitment of Nurse Grade-II by the respondent-Department. The said advertisement provided for the grant of bonus marks to the candidates who had already worked under some government project or government medical scheme. Condition No. 8 of the said advertisement also provided that the experience certificate had to be verified by the Joint Director of the relevant zone. As the petitioner was in possession of the old certificate dated 12.02.2015 which was not verified by the Joint Director, he annexed the same with his application form but was not granted bonus marks. Aggrieved against the same the petitioner preferred a writ petition before this Court being S.B. Civil Writ Petition No. 10600/2019. The said writ petition was allowed vide order dated 29.08.2019 whereby in light of the case of Jai Pal v. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 9989/2019), the respondents were directed to accord bonus marks to the petitioner based on his experience certificate. It was further directed that if the petitioner was otherwise entitled and fell within the cut-off as declared, his documents may be verified by the respondents and be proceeded accordingly. In pursuance to the order dated 29.08.2019, the petitioner moved representation dated 26.09.2019 firstly for grant of bonus marks and secondly for consideration of his candidature in MBC category.

2. Meanwhile vide circular dated 16.10.2019, it was directed by the state authorities that those candidates who have earlier applied in any other category but belonged to the MBC (Most Backword Class) would now be entitled for reservation and for the purpose, the candidates were permitted to upload the caste certificate i.e. MBC Certificate till 23.10.2019. In pursuance to the said circular, the petitioner uploaded his MBC certificate on 19.10.2019 but when he was not considered against the said category, he preferred the second writ petition being S.B. Civil Writ Petition No. 17762/2019. The said writ petition of the petitioner was disposed of with the following observations:

"7. Hence, this Court is inclined to accept the stand of the respondents that sans any claim and certificate, bonus marks cannot be allowed.

8. The petitioner may, however, file a representation claiming bonus marks on the basis of experience, he has gained while working under NRHM Scheme, within a period of two weeks from today.

9. In case, any such representation is filed before the respondent No. 3 within a period of two weeks from today, the same shall be decided in accordance with law within a period of four weeks.

10. It is, however, made clear that direction to decide petitioner’s representation has been issued only with a view to ensure expeditious redressal of his grievance and the same may not be construed to be a direction to decide it in a particular manner.

11. The stay application is also disposed of."

3. In pursuance to the order dated 06.02.2020, the petitioner preferred a representation before the respondent authorities but the same was rejected vide order dated 07.04.2020 against which the present writ petition has been preferred.

4. Learned counsel for the petitioner submits that after the decision of the first writ petition, the issue pertaining to grant of bonus marks had become final for all purposes and the same could not have been rejected by the respondent authorities. Counsel submitted that the representation of the petitioner has been rejected on the ground that the cut-off for OBC (NCL) category was 56.775% whereas the petitioner obtained only 44.386%. He submitted that the said consideration of the petitioner qua the category of OBC (NCL) was itself invalid as the consideration ought to have been against the MBC category for which the cut-off was 52.817%. Counsel submitted that if he be considered against the MBC category and be granted the bonus of 10