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IN HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Shaitan Ram S/o Shri Mota Ram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
REKHA BORANA, J.
1. The present writ petition has been filed aggrieved of order dated 09.06.2025 (Annexure-12) whereby the appointment of the petitioner on the post of Compounder/Nurse Junior Grade stood cancelled.
2. The facts are that the petitioner having work experience as Compounder/Nurse with Dr. Sarvepali Radhakrishnan Rajasthan Ayurved University, Jodhpur (respondent No.5) through placement agency, participated in the recruitment process initiated in pursuance to advertisement dated 07.06.2013.
3. As per condition No.7 of the said advertisement, bonus marks were to be granted to the candidates having work experience in terms of the conditions as specified therein.
4. At the first instance, the petitioner was not granted the bonus marks and hence, he preferred a writ petition (S.B. Civil Writ Petition No.3906/2015) before this Court which was dismissed vide order dated 23.09.2016. A Special Appeal (D.B. Special Appeal (Writ) No.901/2016) was preferred against the said order which came to be disposed of by the Division Bench vide order dated 28.03.2017.
5. Before the Division Bench, it was argued on behalf of the petitioner that the judgment as passed by the Division Bench
A litigant cannot claim distinction from a judicial decision relied upon for relief; subsequent judgments affecting the basis of entitlement invalidate previous claims.
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.
The State Government has the discretion to extend weightage to a particular class serving in the State of Rajasthan only, and such discretion cannot be deemed discriminatory or arbitrary.
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.
The central legal point established in the judgment is the validity of the State of Rajasthan's policy to restrict the benefit of bonus marks to employees who have worked under different organization....
Courts would be slow in interfering in policy matters unless policy is found to be palpably discriminatory and arbitrary.
The main legal point established in the judgment is that the classification made by the rule making authority in granting bonus marks for working experience was unreasonable and violative of Articles....
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