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ARUN BHANSALI
Rahul Singh Chauhan S/o Shri Mahaveer Singh Chouhan – Appellant
Versus
State of Rajasthan – Respondent
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 th
The central legal point established in the judgment is the validity of the State of Rajasthan's policy to restrict the benefit of bonus marks to employees who have worked under different organization....
Courts would be slow in interfering in policy matters unless policy is found to be palpably discriminatory and arbitrary.
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.
The State Government has the discretion to extend weightage to a particular class serving in the State of Rajasthan only, and such discretion cannot be deemed discriminatory or arbitrary.
Entitlement to bonus marks under the Rajasthan Medical and Health Subordinate Service Rules, 1965 and the interpretation of the same in light of relevant case law.
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