IMPORTANT POINT
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.

ORDER :

(Farjand Ali, J.) :

1. The instant writ petitions under Article 226 of the Constitution of India have been preferred by the petitioners being aggrieved by the action of respondents for not issuing the experience certificate in a prescribed format and not granting bonus marks to Yoga Instructors (“YI") in the ongoing selection process of Ayurveda Compounder/Nurse as per the order dated 25.04.2023 issued by the Department of Medical and Health despite the fact that they discharged their duties similar to Ayurveda Compounder/Nurse during the period of COVID-19.

2. The issue involved in all these matters is similar, with the consent of the parties all have been heard together and being decided by the instant common order. For the purpose of convenience, the facts reflected in this order would be of S.B. Civil Writ Petition No. 17062/2023.

3. Briefly stating the facts of the case are that in times of COVID-19 when the whole world was facing a deadly pandemic there was need of people who can come forward and contribute for the society. At that time, Government decided under the National AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) Mission to advertise vacancies for the posts of Yoga Instructor at 430 Ayurveda Hospitals situated in the State of Rajasthan which were selected as AYUSH Health & Wellness Centre and accordingly the respondent director Ayurveda Department issued an advertisement dated 04.03.2021 and invited applications from the eligible candidates and as per which one female and one male is to be appointed at each Ayurveda Hospital (Annexure 1). The petitioners are having qualifications showing Diploma in AYUSH Nursing and Pharmacy (DAN & P) as well as registration with Rajasthan Ayurveda Nursing Council, Jaipur (Annexure 2). Petitioners were being appointed on the post of Yoga Instructor by the order issued by the respondent authority and the copy of the appointment order dated 13.07.2021 of petitioner no.1 has been annexed with the writ petition and accordingly he joined on 15.07.2021 (Annexure 4). Similarly, the other petitioners were also joined and served as Yoga Instructor and this fact is not disputed. Petitioners were appointed during COVID-19 Pandemic in the month of July, 2021 and are continuing till date. During pandemic period i.e., 22.03.2020 to 13.02.2022, the services of all the employees including the employees of Ayurveda Department were handed over to the department of Medical and Health, Government of Rajasthan, Jaipur vide order dated 07.04.2020 (Annexure 7). The work done by the Ayurveda Department in Phase 1 and Phase 2 of COVID-19 is also annexed herewith (Annexure 8). The respondent state government has decided to provide additional bonus marks in the regular recruitment process of Medical and Health Department to those employees who served at the time of pandemic vide order dated 25.04.2023 (Annexure 11). Now the respondent department of AYUSH Rajasthan has issued advertisement dated 03.10.2023 and invited applications from eligible candidates for appointment on the post of Compounder/Nurse Junior Grade and the minimum qualification for the said post is Three years Diploma or Four Years B.Sc. in Ayurveda Nursing along with internship from a university established by law in India and registered in Rajasthan Ayurveda Nursing Council (Annexure 13). The criteria of selection process, grant of bonus marks, reservations as well as relaxations were all given in the advertisement. The petitioners performed duties during COVID-19 and are still continuing on contractual basis in the respondent department but no additional benefits have been given as per order dated 25.04.2023 (Annexure 11) and therefore it is challenged by way of filing the instant writ petitions.

4. Learned counsel for the petitioner submits that the actions of respondent’s authority in denying to issue the experience certificate in a prescribed format as well as in providing the bonus marks to the petitioners i