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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI,
CHANDRA PRAKASH SHRIMALI
State Of Rajasthan, Through The Principal Secretary, Medical And Health Services (Group-Iii), Government Of Rajasthan – Appellant
Versus
Savita Manmiya, D/o Shri Lal Chand Manmiya – Respondent
Judgment :
1. Since the controversy involved in all the instant special appeals is identical, therefore, the same have been heard together and are being decided by this common judgment.
2. These special appeals have been preferred claiming the following reliefs:
Appeal No. 63/2022 (By State)
“It is, therefore, humbly prayed that this Special Appeal may kindly be allowed. The order impugned dated 16.02.2021 passed by Hon’ble Single Judge allowing the writ petition being SBCWP No.2835/2020 may kindly be quashed and set aside and the writ petition filed by the respondent-petitioner may kindly be dismissed.
Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the appellants.”
Appeal No.211/2022 (By State)
“It is, therefore, humbly prayed that this Special Appeal may kindly be allowed. The order impugned dated 25.03.2021 passed by Hon’ble Single Judge allowing the writ petition being SBCWP No.3871/2021 may kindly be quashed and set aside and the writ petition filed by the respondent-petitioner may kindly be dismissed.
Any other appropriate order or direction, which this Hon’ble
Experience as Nursing Tutor cum Clinical Instructor qualifies for bonus marks under Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965, as duties performed are similar to tho....
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.
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.
Experience relevant to job duties qualifies for bonus marks; distinctions in job designations do not detract from similarity in functional responsibilities.
Courts would be slow in interfering in policy matters unless policy is found to be palpably discriminatory and arbitrary.
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.
A litigant cannot claim distinction from a judicial decision relied upon for relief; subsequent judgments affecting the basis of entitlement invalidate previous claims.
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