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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL
Mithu Lal Dhaker, S/o. Kalu Ram Dhaker – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Medical And Health Department – Respondent
Order :
(SUDESH BANSAL, J.)
1. The issue involved in this batch of writ petitions is identical in nature, hence, with consent of counsel for both parties, all writ petitions have been heard together and would stand decided by this common order.
2. Petitioners are aggrieved by not granting bonus marks for their experience gained from working with FRHS India and thereby depriving the petitioners from appointment on merits on the post of Nursing Officer in their respective category pursuant to advertisement dated 05.05.2023.
3. Counsel for respondents, at the outset, has pointed out that the issue involved in the instant batch of writ petitions has already been answered in negative, and the persons working with FRHS India, which is neither a Government Body nor does it fall under the Scheme of Government of Rajasthan, has not been found eligible to obtain the bonus marks, in the order dated 22.09.2023 passed in S.B. Civil Writ Petition No. 14029/2023 titled as Devi Kumari Vs. State of Rajasthan at Principal Seat, Jodhpur. For ready reference, the relevant Para Nos. 6 to 11 of the order are being reproduced hereunder:-
“6. There is no gainsaying the fact that the petitioners are working wit
Experience gained with non-government entities does not qualify for bonus marks in merit-based appointments.
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.
Courts would be slow in interfering in policy matters unless policy is found to be palpably discriminatory and arbitrary.
The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.
The central legal point established in the judgment is the interpretation of Rule 273 of the Rajasthan Panchayati Raj Rules, 1996, regarding the entitlement of bonus marks for experience gained throu....
The central legal point established in the judgment is the interpretation of the relevant rules and advertisement provisions regarding the entitlement to bonus marks for employees of Ayurveda Researc....
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....
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