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PUSHPENDRA SINGH BHATI
Navdeep Singh Maan S/o Labh Singh Maan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. Since both the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts are being taken from the above-numbered S.B. Civil Writ Petition No. 8960/2018, while treating the same as a lead case.
1.1. The prayer clauses of the instant petitions read as follows:
“It is therefore, most humbly and respectfully prayed that by an appropriate writ, order or direction your lordship may kindly be pleased to accept and allow this writ petition:
(a) The action of the respondents in not giving him experience certificate and denying him his rightful consideration for appointment in pursuance to advertisement dated 09.04.2018 (An.11) with all benefits on account of providing vertical reservation instead of horizontal reservation to women category aspirants in earlier advertisement may kindly be declared illegal, arbitrary and violative to Article 14, 16 and 21 of the Constitution of India.
(b) The respondents may kindly be directed to issue experience certificate to the petitioner considering his appointm
The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.
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.
The main legal point established in the judgment is the requirement to consider experience certificates and the principles of natural justice in determining eligibility for the post of Laboratory Ass....
Courts would be slow in interfering in policy matters unless policy is found to be palpably discriminatory and arbitrary.
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