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 organizations in the State of Rajasthan and not others.

ORDER :

1. By way of filing instant petition, the petitioner is seeking directions against the respondents to consider his case for appointment on the post of Nurse Gr.II pursuant to the advertisement dated 26.02.2013 and grant him bonus marks for experience gained by him for the similar work of Government institution in other State i.e. Jammu & Kashmir.

2. Respondents issued an advertisement on 26.03.2013 and invited applications for appointment on the post of Nurse Grade-II in terms of Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short, ‘Rules of 1965’). In terms of Rule 19 of the Rules, 1965, provision was kept for grant of 10, 20 and 30 bonus marks respectively for the one, two, three or more years working experience in any of the following scheme of the State e.g. National Rural Health Mission and Medical Relief Society.

3. The facts are not in dispute that the petitioner is having working experience of more than three years of Government Hospital and Research Centre at Srinagar, Garhwal i.e. out of State of Rajasthan. But benefit of 30 bonus marks was not extended to him because he is not working experience within the State of Rajasthan. Rule 19 of the Rules of 1965 deals with the provision of grant of bonus marks and the same is reproduced as under:

"19. Scrutiny of applications.- The Appointing Authority shall scrutinize the applications received by it and require as many candidates qualified for appointment under these rule as seem to it desirable for interview:

Provided that in case of appointment to the post of Nurse Compounder Junior Grade, the merit shall be prepared by the Appointing Authority on the basis of marks obtained in such qualifying examination specified in the Schedule appended to the rules and bonus marks as may be specified by State Government having regard to the length of experience on similar work under the Government, Chief Minister BPL Jeevan Raksha Kosh, National Rural Health Mission, as the case may be:

Provided further that the decision of the Appointing Authority, as to the eligibility or otherwise of a candidate, shall be final."

4. The Division Bench of this Court in the case of State of Rajasthan and ors. vs. Satya Dev Bhagaur and ors. D.B. Special Appeal (Writ) No. 837/2019 has interpreted the above Rule and the word ‘State Government’ and decided the issue in question as under:

“The learned Single Judge in this case allowed the respondents/writ petitioners’ claim holding that the experience gained by them in a scheme - which fell within the National Rural Health Mission (NRHM) [though it was part of the Centralized Accident and Trauma Services (CATS), (an autonomus body of government of NCT of Delhi)] was covered under the proviso to Rule 19 (ii) of the Rajasthan Medical & Health Subordinate Service (Second Amendment) Rules, 2018. By those rules bonus marks are to be awarded to only few classes of employees, i.e. those working for NRHM, the Government of Rajasthan, the Chief Minister B.P.L.Jeevan Raksha Kosh, Medi Care Relief Society and AIDS Control Society. The writ petitioners had relied upon Krishan Kumar Saini & Ors. Vs. State of Rajasthan & Ors. [D.B.Civil Writ Petition No.13639/2018, decided on 09.08.2018] and submitted that if employees are made to work in many institutions but within the NRHM Scheme, such experience would be counted for award of bonus marks. The Division Bench in Krishan Kumar Saini (supra) held as follows:-

“As per the proviso in question a weightage in the form of bonus marks is given to the persons working with National Rural Health Mission, persons working with Government of Rajasthan Hospitals and other health related institutions and with Medi Care Relief Society. So far as the National Rural Health Mission is concerned, that is a nationwide scheme and, therefore, the persons working under this scheme are entitled to have weightage irrespective of the place of their working. All the persons working with National Rural Health Mission anywhere