Rahul Singh Chauhan S/o Shri Mahaveer Singh Chouhan vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 808

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN BHANSALI, J.
Rahul Singh Chauhan S/o Shri Mahaveer Singh Chouhan – Appellant
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 7868 of 2023, S.B. Civil Writ Petition No. 7862 of 2023, S.B. Civil Writ Petition No. 8524 of 2023, S.B. Civil Writ Petition No. 9182 of 2023, S.B. Civil Writ Petition No. 9601 of 2023, S.B. Civil Writ Petition No. 10327 of 2023
Decided on : 20-09-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Mahaveer Bishnoi, Mr. Jayram Saran, Mr. Gaurav Bishnoi, Mr. Vijay Bishnoi, Mr. Vivek Firoda, Mr. Bharat Singh Rathore. Mr. Rakesh Arora. Mr. D.S. Sodha.
For the Respondent: Mr. Karan Singh Rajpurohit, AAG Mr. Rajat Arora.

Headnote:
Rajasthan Medical and Health Subordinate Service Rules, 1965 – Rule 19 – Nursing Officer – Rajasthan Nursing Council – Medicare Relief Society – Arbitrary/discriminatory – Held, Fact that respondents have restricted said award of 15 bonus marks up to two years, and thereafter for those who have worked for two or more years, have been provided 20/30 bonus marks, clearly establishes plea raised seeking to provide additional benefit only for purpose of bringing those who had worked during COVID-19 in a competing position with others, which action of respondents cannot be faulted on any count – Trying time of pandemic, to expect that State should have thought of promising candidates regarding grant of bonus marks and in absence whereof, they cannot provide for bonus marks by way of a policy decision, cannot be countenanced – Fact of matter is that very fact that even in absence of any promise, candidates had served during pandemic, by itself is sufficient to come to a conclusion regarding their entitlement of additional benefit looking to their commitment in providing help/services/succor to mankind – Writ petitions dismissed.

ORDER :

1. As the subject matter of all the writ petitions is similar, they have all been heard together. For the purpose of convenience, the facts indicated in SBCWP No.7868/2023 are being indicated.

2. These writ petitions have been filed by the petitioners aggrieved of the order dated 25.04.2023 (Annex.10) providing for award of bonus marks in terms of provisions of Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965 (‘Rules of 1965’) and Condition No. t (1) of the advertisement dated 05.05.2023 (Annex.13) for appointment on the post of Nursing Officer. Further direction has been sought to the respondents to award bonus marks according to orders dated 24.05.2018 (Annex.4) and 15.11.2022 (Annex.5) and in case the petitioners stand in merit, they may be accorded appointment on the post of Nursing Officer.

3. It is, inter-alia, indicated in the petition that the petitioners are having qualification of GNM/B. Sc. Nursing and they are also registered with Rajasthan Nursing Council. They have been issued experience certificates based on the requirement of the Rules of 1965. The procedure for recruitment on the post of Nursing Officer is inter-alia governed by the provisions of Rule 19 of the Rules of 1965. By notification dated 06.02.2013, Rule 19 was amended providing for grant of the bonus marks as specified by the State Government having regard to the length of experience on a similar work under the Government and National Rural Health Mission (‘NRHM’) and Medicare Relief Society (‘MRS’). Further, amendments were made by notification dated 23.05.2022, wherein besides NRHM and MRS, certain other projects/schemes for the purpose of grant of bonus marks were added.

4. The respondents issued order dated 24.05.2018 (Annex.4) providing for procedure for award of the bonus marks, wherein it was, inter-alia, provided that for one full year (365 days) experience 10 bonus marks would be awarded with a maximum of 30 marks for three years’ experience, while preparing the merit list and 70% weightage would be given to the qualification as prescribed under the Rules.

5. On 15.11.2022, order was issued that for preparation of merit list for direct recruitment in Nursing and Para Medical Recruitment, 2022, marks would be awarded in terms of notification dated 24.05.2018 (Annex.4). On the same day orders were issued for issuing experience certificate (Annex.6). The advertisement dated 16.11.2022 (Annex.8) was issued for recruitment on the post of Nursing Officer Non-TSP, Pharmacists Non-TSP and Pharmacists TSP, wherein the criteria for award of bonus marks was indicated in terms of orders dated 24.05.2018 (Annex.4) and 15.11.2022 (Annex.5).

6. However, on 19.04.2023 the advertisement dated 15.12.2022 (Annex.8) was cancelled. Whereafter, a fresh order dated 24.05.2023 (Annex.10) was issued for award of bonus marks under the provisions of Rule 19 of the Rules of 1965, wherein it was provided that looking to circumstances of COVID-19 and the fact that various employees, who were working under different medical services during COVID-19 period i.e. 22.03.2020 to 13.02.2022, in different categories i.e. contractual/adhoc/urgent temporary basis would be entitled for amended bonus marks as enumerated in the table for the vacancies up to year 2023-24. It was further provided that those appointed earlier to COVID-19 period, and continued to work during COVID-19 period i.e. in between 22.03.2020 to 13.02.2022, whether they continued or not, would be entitled to bonus marks i.e. 15 bonus marks for the period less than two years, for period more than two years and less than three years 20 marks and 30 bonus marks for a period of three or more than three years and all those who have not worked during COVID-19 period, i.e. prior to 21.03.2020 or appointed after 13.02.2022, they would be entitled to award of 10, 20 and 30 bonus marks in terms of the order dated 15.11.2022 (Annex.5). On the same day, directions were issued for issue of expe