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FARJAND ALI
Nikhilesh Katara, S/o Shri Chhagan Lal Katara – Appellant
Versus
State Of Rajasthan, Through Joint Secretary, Ayurved, Yoga And Naturopathy Medicine, Unani, Siddha And Homeopathy (Ayush) Department – Respondent
ORDER :
(Farjand Ali, J.) :
1. These writ petitions have been preferred by the petitioners with the following prayers :-
b) That respondents concerned may be directed to issue a fresh select list with the names of the petitioners incorporated at the relevant serial numbers and they may be offered appointment on the post of nurse junior grade according to their merit.
c) That it may be declared that the bonus marks given to the Yoga Instructors may be declared contrary to the provision of Rule 19 of the Rajasthan Ayurveda Service Rules, 1966 and selection in this recruitment made by providing bonus marks for the experience of Yoga instructors may be declared bad and illegal and liable to be quashed and set aside.
d) That if during pendency of the writ petition the final select list after verification of the documents is issued providing the bonus marks to be selected candidates then the same may quashed and set aside and the appointments made in pursuance of the final select list on such basis may be quashed and set
The court established that experience in a different role (Yoga Instructor) does not qualify for bonus marks in a recruitment process for a distinct position (Ayurveda Nurse/Compounder) under the app....
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.
Bonus marks under Rule 19 of the Rajasthan Medical and Health Subordinate Services Rules, 1965 can only be granted to persons working on temporary/ ad-hoc basis or on contractual basis or through pla....
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.
A litigant cannot claim distinction from a judicial decision relied upon for relief; subsequent judgments affecting the basis of entitlement invalidate previous claims.
The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.
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