The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.

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:

S.B. Civil Writ Petition No. 8960/2018:

“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 appointment in pursuance to the advertisement dated 04.05.20074 (Ann.1) with all consequential benefits as available to the aspirants appointed in pursuance to advertisement dated 04.05.207 (Ann.1).

(c) Any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed.

(d) The petitioner may kindly be allowed the cost of writ petition.”

S.B. Civil Writ Petition No. 4997/2017:

“It is, therefore, respectfully prayed that Your Lordship may kindly be pleased to allow this writ petition and by an appropriate writ, order or direction in the nature thereof thereby:

(i) The action of the respondents while not providing appointment to the petitioners on the post of GNM in pursuance to the first phase advertisement dated 04.05.2007 (Ann.1) with all benefits on account of providing vertical reservation instead of horizontal reservation to women category aspirants may kindly be declared illegal, arbitrary and violative to Articles 14, 16 and 21 of the Constitution of India.

(ii) The respondents may kindly be directed to provide appointment to the petitioners in pursuance to the advertisement dated 04.05.2007 (Ann.1) with all consequential benefits as availed by the aspirants appointed in pursuance to advertisement dated 04.05.2007.

(iii) Any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed.

(iv) The petitioners may kindly be allowed the cost of writ petition.”

2. Brief facts of the case, as placed before this Court by learned counsel of the petitioner, are that the respondents issued an advertisement dated 09.04.2018 for recruitment on the post of Nurse Grade-II in accordance with the Rajasthan Medical and Health Subordinate Service Rules, 1965 for almost 4155 vacancies.

2.1 The bone of contention in the present case is that the petitioners being eligible for the said post and aspiring to apply for the same, approached the respondents by way of application seeking issuance of requisite experience certificate, towards the services rendered by the petitioners, but the respondents denied the issuance thereof.

3. Learned counsel for the petitioners submitted that the respondents were required to accord appointment to petitioners in pursuance of the advertisement dated 04.05.2007 as directed by this Hon’ble Court in an earlier round of the litigation vide order dated 19.08.2008 passed in S.B.C.W.P. No. 4040/2007 with notional benefits. Therefore, the respondents were required to grant appointment to the petitioners on the post of Nurse Grade II in pursuance of the first phase advertisement dated 04.05.2007 and in that backdrop, the petitioners are entitled for issuance of the experience certificate towards the services rendered by them from 04.05.20