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2023 Supreme(Raj) 1777

IN THE HIGH COURT OF RAJASTHAN
Dinesh Mehta, J.
Naveen Parihar – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 7676 of 2021
Decided On : 05-07-2023

Advocates:
Advocate Appeared:
For the Petitioner: D.S. Sodha
For the Respondents: K.S. Rajpurohit, Lucky Rajpurohit, Vinit Sanadhya

Headnote:(A) Rajasthan Medical & Health Subordinate Service Rules, 1965 - Rule 19 - Recruitment process - Petitioners' candidatures for Assistant Radiographer rejected for non-compliance with document requirements; experience certificates not issued by competent authority - Bonus marks for contractual work cannot be claimed without valid documentation. (Paras 3, 11, 15, 17)

(B) Legal standards for bonus marks - Candidates must produce experience certificates in prescribed format that establish their work under the Government's notified schemes, which have to be duly signed by competent authorities. (Paras 13, 16)

Facts of the case:
Petitioners contended their exclusion from the merit list after document verification, arguing that their experience certificates were sufficient despite not being in prescribed format. The Selection Board rejected their claims based on non-adherence to the advertised requirements.

Findings of Court:
The court affirmed that the experience certificates were issued by non-competent authorities and did not meet necessary conditions for validating the candidates' claims; thus, bonus marks were rightly denied.

Issues: The primary issue was whether the petitioners' experience certificates met the requirements outlined by the selection board's advertisement.

Ratio Decidendi: The court found the experience certificates invalid as they were not issued by the proper authorities, thereby concluding that petitioners could not claim bonus marks as per the specified rules.

Result: Writ petition dismissed.

Table of Content
1. petitioners claim for candidatures rejected. (Para 1 , 2 , 3)
2. arguments on certificates' validity. (Para 4 , 5 , 6 , 7 , 8 , 9)
3. court's analysis of certificates' compliance. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. claim for bonus marks held untenable. (Para 17)
5. writ petition and stay petition dismissed. (Para 18 , 19)

ORDER :

1. By way of preferring the present writ petition, the petitioners have raised a grievance that the respondents have wrongly rejected their candidatures.

2. Apropos the petitioners' grievance, facts in brief are that the petitioners vied for the post of Assistant Radiographer pursuant to recruitment notification dated 12.06.2020, issued by the Rajasthan Subordinate & Ministerial Services Selection Board, Jaipur (hereinafter referred to as “the Selection Board”). While submitting the application forms, the petitioners claimed bonus marks for having worked with the State Government on contractual basis.

3. Petitioners' names were initially shown in the merit list, but after the document verification, their names were excluded from the final select list, as the experience certificates produced by the petitioners were not in accordance with the prescribed format given in clause (13) of the advertisement under consideration and thus according to the Selection Board the petitioners were not entitled for bonus marks.

4. Mr. Sodha, learned counsel for the petitioners invited Court's attention towards the copies of the certificates that were produced by the petitioners before the Selection Board and submitted that the certificates have been issued by the prescribed authority and all necessary information including the post and period during which the petitioners had worked, had been indicated in the certificate.

5. It was argued by Mr. Sodha that simply because of the technical flaw that the certificates were not in prescribed form, petitioners' claim for bonus marks could not have been rejected.

6. Mr. Vinit Sanadhya, learned counsel for the respondent - Selection Board and Mr. K.S. Rajpurohit, learned Additional Advocate General submitted that there was a specific condition in Para No. 13 of the advertisement that a candidate has to furnish his experience certificate in the prescribed format, duly signed by the authority empowered.

7. They argued that simply because the certificates have been signed by the competent authority, the petitioners cannot claim bonus marks. They submitted that on verification of documents, petitioners' claim for bonus marks on the basis of experience certificates produced was rejected, their marks were reduced and merit was changed; hence, the petitioners cannot claim their selection on the post in question.

8. In support of his contention aforesaid, learned counsel for the respondents relied upon the judgments passed by the Coordinate Benches of this Court in the case of Kavita Panwar v. State of Rajasthan & Ors. S.B. Civil Writ Petition No. 5346/2016 and Kaushalya & Ors. v. State of Rajasthan & Ors. S.B. Civil Writ Petition No. 4735/2022 and submitted that in light of the judgments rendered by the Coordinate Benches of this Court, the petitioners have no case worth consideration.

9. Mr. Sodha, learned counsel for the petitioner in rejoinder tried to draw a distinction by submitting that in the case of Kavita Panwar, the certificate produced by the petitioner therein was not even signed by the prescribed authority, whereas in the present case, the certificates produced by the petitioners were duly signed by the prescribed authority.

10. Heard learned counsel for the parties and perused the material available on record and the judgments cited at the bar.

11. A perusal of the contentious certificates produced by the petitioners shows that they were not issued by the competent authority. The certificate have been issued by the Chairman, R.K. Manav Sansthan and counter signed by the Superintendent and Head of the Department of Radio diagnosis Department, P.B. Memorial Ho

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