The court established that experience as a Nursing Tutor-cum-Clinical Instructor qualifies for bonus marks in recruitment, as duties performed are similar to those of a Nurse Gr.II.

ORDER :

1. Petitioner herein, inter-alia, seeks an appropriate writ, order and/or direction to the respondents to consider experience of the petitioner as Nursing Tutor-cum-Clinical Instructor at par with Nursing Officer and award him bonus marks in the recruitment process for appointment on the post of Nursing Officer initiated vide advertisement dated 05.05.2023 (Annex.5).

2. The brief facts first. Pursuant to the advertisement, as above, the petitioner, being eligible, applied for the post in question. As per the advertisement, the candidates were entitled to bonus marks for the experience gained by them while doing similar nature of work as to the advertised post.

2.1 The petitioner was working on the post of Nursing Tutor-cum-Clinical Instructor through placement agency at G.N.M. Training Center, Sri Sanwaliya Ji Government General Hospital, Chittorgarh. He has been given an experience certificate 02.06.2023 (Annex.6) issued by the Chief Medical Officer, General Hospital, Chittorgarh and duly verified by the Joint Director, Medical & Health Services, Zone Udaipur.

2.2 After document verification, the respondents issued provisional list of selected candidates on 07.10.2023 (Annex.9) which did not include the name of the petitioner as the respondents did not award bonus marks to the petitioner against his experience certificate. Hence, this petition.

3. In the aforesaid backdrop, I have heard the rival contentions and perused the case file.

4. Learned counsel for the petitioner submits at the outset that similar nature of controversy in the case of Savita Manmiya Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 2835/2020) was decided by a coordinate Bench vide order and judgment dated 16.02.2021 wherein it was directed to grant bonus marks on the basis of his experience as Nursing Tutor-cum-Clinical Instructor. The petitioner is also since working on the same post and performed same nature of work, yet the respondents have not awarded bonus marks to him.

5. On a Court query posed, learned counsel for the respondents does not dispute that indeed the facts involved in the present case as well as the controversy raised herein is similar to the one raised in the case of Savita Manmiya (supra).

6. The observations made by this Court in the case of Savita Manmiya (supra), being apposite, is reproduced as under:-

"17. Right of claiming bonus marks emanates from Rule 19 of the Medical and Health Subordinate Service Rules, 1965 (hereafter, “Rules of 1965”). Clause No. 7 of the advertisement, is somewhat reproduction of Rule 19, which reads as under:-

^^7- vuqHko ds vk/kkj ij cksul vad %& jktLFkku fpfdRlk ,oa LokLF; v/khuLFk lsok fu;e 1965 ;Fkk la'kksf/kr fu;eksa ds fu;e 19 esa mYysf[kr izko/kkukas ds rgr~ vH;fFkZ;ksa dks cksul vad ns; gSA

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¼2½ jktLFkku ljdkj ds v/khu iz/kkukpk;Z ,oa fu;a=d jktdh; esfMdy dkWyst] iz/kkukpk;Z >kykokM+ gkWfLiVy ,.M esfMdy dkWyst lkslk;Vh] jktdh; MsUVy dkWyst] funs'kd] tu LokLF;@vkj-lh-,p-@eksckbZy lftZdy ;wfuV@vkb-bZ-lh@,M~l] v/kh{kd layXu fpfdRlky; lewg] ifj;kstuk funs'kd] ,u,p,e@,M~l] funs'kd vkjvkjlh] funs'kd SIHFW jkT; {k; jksx fu;a=.k vf/kdkjh] jkT; ds leLr eq[; fpfdRlk ,oa LokLF; vf/kdkjh] leLr ftyk iztuu ,oa f'k'kq LokLF; vf/kdkjh]