ORDER :

1. Since all 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 and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.14080/2023 while treating the same as a lead case, rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.

1.1 The prayer clauses read as under:-

"It is, therefore, most humbly prayed that this writ petition may kindly be allowed with cost and by and appropriate writ, order or directions; (i) the respondents may kindly be directed to award 10 bonus marks to the petitioner for the period for which he is working as GNM through Rajasthan Medicare Relief Society for more than one year in addition to 15 bonus marks which granted to the petitioner for the Covid period. (ii) the respondents may kindly be directed to grant total 25 bonus marks i.e. 15 bonus marks for In wake of onslaught of COVID- 19, abundant caution is being taken while hearing the matters in Court. period as GNM and 10 bonus marks for which petitioner working additionally one year through Rajasthan Medicare Relief society and (iii) the respondents may kindly be further directed after granting 25 bonus marks to the petitioner revised the list of documents verification which issued vide information dated 29.08.2023 (Annex. 11) and if petitioner stands in merit list then he called for documents verification and further if his name figured in the final merit list then he may be given appointment on the post of Nursing Officer in pursuance of the advertisement dated 05.05.2023 (Annex.8.).

Any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.

Costs of the wit petition may kindly be awarded to the petitioner."

2. Learned counsel for the petitioners submits that the controversy in these cases is emanating out of the recruitment to the various posts i.e. of Nursing and Paramedical Officer, Female Health Worker, Lab Technician and Dental Technician. Initially the recruitment was initiated by the State Government vide advertisement dated 16.11.2022 to be conducted in accordance with the Rajasthan Medical & Health Subordinate Service Rules, 1965 (hereinafter referred to as the ‘Rules of 1965’), but subsequently the advertisement was withdrawn and a fresh advertisement was issued on 05.05.2023 whereby the same recruitment was to be done under the Rules of 1965.

3. The bone of contention being the bonus marks to be given and not to be given arose and the experience clauses prompted the petitioners to come before this Court. The broader controversy was also laid before the Division Bench of this Court at Jaipur Bench in case of Bhanwar Kumar Bagaria & Ors. Vs. The State of Rajasthan & Ors. (D.B. Civil Writ Petition No.5980/2022) alongwith other connected matters, in which, the interim order was not granted by Division Bench of this Court at Jaipur Bench, but the protection of the selection process remaining subject to the final outcome of the writ petition was granted. The order dated 08.08.2023 reads as follows:

“Heard.

Except D.B. Civil Writ Petition No. 3471/2022, which is a PIL seeking direction for expeditious completion of selection process, all other petitions seek to challenge the constitutional validity of the provisions contained in respect of recruitment rules for appointment to the post of Pharmacist, Nursing Officer, Homeopathy Medical Officer & Ayurved Medical Officer.

A prayer has been made for staying operation of the rule and recruitment process for appointment to the post of Pharmacist, Nursing Officer, Homeopathy Medical Officer & A