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
| 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
The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.
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.
The obligation to comply with the court's previous order and the invalidity of negating the grant of bonus marks in the second writ petition.
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