VINIT KUMAR MATHUR
Rakesh Patel S/o Shri Durga Ram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with the prayer that the petitioner may be granted 30 bonus marks on account of the work experience certificates produced by him for consideration of his candidature on the post of Lab Technician.
3. Briefly noted the facts in the present writ petition are that the petitioner is holding the qualification of Senior Secondary along with two years’ Diploma Course in Medical Laboratory Technology. The petitioner, being fully eligible for the post of Lab Technician, applied in pursuance of the notification/advertisement issued by the State Government on 31.05.2023 for appointment to the post of Lab Technician. In pursuance of the application preferred by the petitioner, the respondents called him for document verification and after undergoing the process of verification of the documents, the name of the petitioner was reflected in the provisional list prepared by them on 04.10.2023 (Annex.12). Thereafter, a final list of the selected candidates was declared by the respondents on 11.06.2024 (Annex.13) in which the name of the petitioner was not included. Hence, the present writ petition has been fi
Indian Airlines & Ors. vs. S. Gopalakrishnan reported in (2001) 2 SCC 362.
Experience certificates are valid for bonus marks even if the candidate was not registered at the time of service, as per the eligibility criteria outlined in the advertisement.
Experience certificates can be considered for bonus marks even if the candidate was not registered at the time of service, as long as eligibility criteria are met.
Principles of natural justice require that individuals be given an opportunity of hearing before being disqualified from a recruitment process.
Point of Law : Court is firmly of the opinion that experience certificate dated issued by respondent department is required to be taken into consideration for grant of bonus marks to the petitioner.
Weekly offs cannot be excluded from work experience calculations for bonus marks, as it violates statutory obligations and fundamental rights.
Experience relevant to job duties qualifies for bonus marks; distinctions in job designations do not detract from similarity in functional responsibilities.
The main legal point established is that the petitioner was entitled to age relaxation and bonus marks as per the Rules of 1965 and the Circular/letter dated 08.02.2016, despite the rejection of his ....
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