IMPORTANT POINT
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 applicable service rules.

ORDER :

(Farjand Ali, J.) :

1. These writ petitions have been preferred by the petitioners with the following prayers :-

a) That the provisional select list (Annexure-6) issued by the respondents concerned for TSP area may be quashed and set aside as being arbitrary and suffering from malafide.

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 aside.

e) Any other order or direction which may deemed just and proper kindly is passed in favour of the petitioners.

2. Since in a batch of petitions connected with a writ petition being S.B. Civil Writ Petition No.17062/2023, the issue has been dealt elaborately and decided by this Court on 24.09.2024 which covers the pleading raised and relief claimed in the instant writ petition, therefore, no further order is required to be passed.

3. For convenience, the operative part of the order dated 24.09.2024 passed in S.B. Civil Writ Petition No. 17062/2023 is being reproduced as under: -

"17. In view of the discussion made herein above, the writ petitions are disposed off in the following terms: -

A. The petitioners are entitled to get the experience certificate of the work they performed during the relevant period but for the experience on the post of Yoga Instructors only. They shall be able to use the same as and when it is required for that purpose. Since, the experience certificate has been issued by the department under the direction of this Court, therefore no further order is to be passed in this regard. If the experience certificate to any of the candidates hasn’t been issued yet despite the order of this Court, then it shall be issued to those candidates immediately. The interim order dated 01.11.2023 is made absolute hereby.

B. The petitioners are not entitled to get the benefit of bonus marks in accordance with the order dated 25.04.2023 issued by the department of Medical and Health as the same is not applicable to the case of the petitioners.

C. The nature and kind of the work of Yoga Instructors is different to the work of Ayurveda Nurse/Compounder and therefore the petitioners are not entitled to raise the claim of their work experience as Yoga Instructors akin to the post of Ayurveda Nurse/Compounder.

D. If the State Government specifies any bonus marks as provided under Rule 19 of the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Subordinate Service Rules, 1966, then the bonus marks shall be awarded to the candidates as per the applicability of the order and the work discharged by the candidates."

4. In this view of the matter, the present writ petitions as well as stay petitions are also disposed off in the light of the judgment passed in the cases referred supra.

5. No order as to cost.