Back
SAMEER JAIN
Shrawan Kumar Palsania S/o Shri Sunil Lal Palsania – Appellant
Versus
State Of Rajasthan – Respondent
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
The court established that the interpretation of 'similar work' by the appointing authority is valid unless proven arbitrary or malicious.
Courts would be slow in interfering in policy matters unless policy is found to be palpably discriminatory and arbitrary.
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 central legal point established in the judgment is the interpretation of the relevant rules and advertisement provisions regarding the entitlement to bonus marks for employees of Ayurveda Researc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
