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2026 Supreme(Raj) 595

HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANAND SHARMA, J.
Ritesh Rathore, S/o. Shri Mohan Lal Rathore - Petitioner 
Versus 
State of Rajasthan, through the Chief Secretary, Government of Rajasthan – Respondent
S. B. Civil Writ Petition No. 15763 of 2017
Decided On : 06-03-2026

Advocates Appeared:
For the Petitioner:Mr. Ram Rakh Sharma, Advocate.
For the Respondents:Mr. Prateek Saxena Advocate on behalf of Mr. Kapil Prakash Mathur, Additional Advocate General.

JUDGMENT :

ANAND SHARMA, J.

1. The present writ petition has been filed by the petitioner challenging office order dated 11.08.2017 passed by the respondents cancelling experience certificate dated 05.06.2017 issued in favour of the petitioner and consequently, denying him the benefit of bonus marks in the recruitment process for the post of Lower Division Clerk pursuant to advertisement dated 12.02.2013 issued under the Rajasthan Panchayati Raj Rules, 1996 (hereinafter to be referred as 'the Rules of 1996'). The petitioner has further prayed that the respondents be directed to grant him bonus marks on the basis of his experience and further to grant him appointment on the post of Lower Division Clerk with consequential benefits.

2. The facts giving rise to the present writ petition, in brief, are that the petitioner passed the Secondary Examination in the year 2000 securing 54.17% marks and thereafter passed the Senior Secondary Examination in the year 2002 securing 53.54% marks. The petitioner thereafter obtained a certificate of Business Professional Programmer ‘O’ Level from DOEACC Society on 08.04.2005. It is the case of the petitioner that he had been working as Data Entry Operator under the Revised National Tuberculosis Control Programme (RNTCP) through a placement agency, namely, M/s Porwal Placement, Baran and had joined duties on 01.12.2005. According to the petitioner, he continuously worked under the said scheme for a considerable period and the payments for his services were made through the placement agency.

3. It is stated that the respondents issued advertisement dated 12.02.2013 for recruitment on the post of LDC as per amended Rule 273 of the Rules of 1996. Clause 11 of the advertisement deals with basis of selection, bonus marks and further lays down that for the purpose of preparing the merit list, 70% weightage shall be given to the marks obtained by the candidate in Senior Secondary Examination. The candidates, who had experience of working on different posts mentioned in the above clause (including Data Entry Operator) in different organisations and schemes referred in the said clause would be entitled for bonus marks in proportion to the years of experience of the respective candidates. For possessing experience of 1/2/3 years, 10/ 20/ 30 bonus marks respectively, as the case may be, shall be awarded. Thereafter, final merit list shall be prepared by adding 70% marks obtained by the respective candidate in Senior Secondary Examination with the bonus marks for experience, if any. The petitioner also participated in the aforesaid recruitment process.

4. The petitioner has placed on record various experience certificates issued by the competent authorities from time to time certifying that he had worked as Data Entry Operator under the RNTCP scheme. On the basis of the said experience, the Chief Executive Officer, Zila Parishad, Baran issued an experience certificate dated 05.06.2017 in favour of the petitioner certifying his experience for the purpose of grant of bonus marks in the recruitment process for the post of Lower Division Clerk pursuant to advertisement dated 12.02.2013 issued by the respondents.

5. It is the further case of the petitioner that after obtaining the said experience certificate, he submitted a representation dated 03.08.2017 before the competent authority requesting that bonus marks be awarded to him on the basis of the experience certificate issued in his favour. However, the respondents vide order dated 11.08.2017 cancelled the said experience certificate without issuing any show cause notice to the petitioner and without affording any opportunity of hearing. Aggrieved by the said action of the respondents, the petitioner has approached this Court by way of the present writ petition stating therein that in case bonus marks were awarded to him on the basis of such experience certificate, he would have secured proper place in the merit list entitling him for appointment.

6. Learned counse

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