IMPORTANT POINT
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.

ORDER :

1. The present appeal has been filed against the order dated 27.07.2023 passed by the learned Single Judge in S.B. Civil Writ Petition No.13750/2021, whereby the writ petition preferred by the appellant-petitioner was dismissed.

2. Briefly, the facts noted for deciding the present appeal are that the appellant vied for the post of Nurse Grade-II notified for Non-TSP area pursuant to advertisement dated 30.05.2018. The appellant claimed bonus marks on the basis of experience he had gained during his stint as a Nurse under NRHM scheme in the State of Punjab.

3. In pursuance of an interim order in appellant’s earlier writ petition (being S.B. Civil Writ Petition No.12677/2018), an experience certificate dated 29.06.2018 indicating experience of three years eight months and ten days was issued to the appellant by the respondent No.3.

4. On the basis of experience certificate so issued, the appellant applied for the post and was selected, whereafter an appointment order dated 28.04.2020 came to be issued in his favour.

5. A few days after the appellant had joined, his appointment was cancelled by order dated 19.05.2020 passed by Additional Director, Medical and Health Services, Jaipur for the reason that the appellant has gained experience in a State other than the State of Rajasthan.

6. Aggrieved by the order dated 19.05.2020, the appellant preferred a writ petition being S.B. Civil Writ Petition No.4660/2020, wherein by an order dated 18.08.2021, the order dated 19.05.2020 passed by the respondents was quashed and the respondents were directed to issue 15 days’ notice to the appellant and pass a fresh speaking order in accordance with law.

7. In furtherance of the order dated 18.08.2021, the Director-respondent No.2 issued a notice to the appellant on 19.08.2021 making a reference of the order dated 18.08.2021 passed in appellant’s writ petition, to which the appellant furnished a reply/representation on 02.09.2021.

8. The appellant’s appointment yet again came to be cancelled by impugned order dated 09.09.2021, indicating therein that in writ petitions involving similar issues, the Court has refused to grant benefit of bonus marks on the basis of experience gained while working under schemes in States other than the State of Rajasthan. And that if such bonus marks are excluded, the appellant’s marks fall short of the cut-off for his category.

9. On 06.10.2021, an interim order was passed by this Court staying the operation of order dated 09.09.2021, while observing that the appellant’s case is dependent upon final outcome of his writ petition (being S.B. Civil Writ Petition No.12677/2018).

10. Aggrieved of the order dated 09.09.2021, the appellant preferred another writ petition (being S.B. Civil Writ Petition No.13750/2021) which was dismissed by the learned Single Judge vide order dated 27.07.2023. Hence, the present appeal has been filed.

11. Heard.

12. Learned counsel for the appellant vehemently submits that the appellant was entitled for the bonus marks as per the proviso to Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter referred to as the ‘Rules of 1965’) as he had discharged similar nature of work to the work of Nurse Grade-II under the NRHM Scheme in the State of Punjab and since the NRHM Scheme is a nationwide scheme, therefore, he was entitled to get the bonus marks.

13. Learned counsel relies upon a judgment rendered by the Division Bench of this Court in Jagdish Prasad & Ors. Vs. State of Rajasthan & Ors. : D.B. Civil Writ Petition No.12492/2015 decided on 09.02.2016, wherein it was held that all the persons working in the NRHM Scheme anywhere in the country and had discharged the similar nature of work to the work of Nurse Grade-II are entitled for the grant of bonus marks. He further argued that the learned Single Judge has wrongly rejected the writ petition while relying upon the judgment of Hon’ble the Supreme Court in the case of Satyadev Bhagaur Vs. State of Rajasthan repo