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2024 Supreme(Raj) 721

SAMEER JAIN
Shrawan Kumar Palsania S/o Shri Sunil Lal Palsania – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mahendra Shan, Sr. Advocate with Ms. Sarah Sharma
For the Respondent: Mr. Bhuvanesh Sharma, AAG, Mr. Visheh Sharma for Mr. Y.C. Sharma

JUDGMENT :

SAMEER JAIN, J.

1. After hearing the arguments averred and with consent of learned counsel for both the parties, vide order dated 28.05.2024 the instant matter was reserved.

BACKGROUND

2. The instant petition is filed assailing the impugned provisional list dated 01.08.2023, issued by the respondents. In the said list the respondents, granted bonus marks for the work experience on the basis of ‘similar work’, to all the contractual employees working under the National Rural Health Mission (NRHM).

3. The crux of the matter is that the respondent no. 2 issued advertisement no. 03/2023, under the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Service Rules, 1973 (hereafter referred as the Rules of 1973), inviting applications for 358 posts for Homeopathic Medical Officers (Annexure-2). Thereafter, an amended notification dated 23.05.2023 was published by the said respondents, inserting Rule 19 of the Rules of 1973, for the grant of bonus marks to the candidates. After undergoing the examination for the said post, the petitioners were selected and appointed as Ayush Homeopathic Doctors. Presently, the petitioners are working at various Community Health Centres and Primary

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