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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Ritesh Rathore, S/o. Shri Mohan Lal Rathore – Appellant
Versus
State of Rajasthan, through the Chief Secretary, Government of Rajasthan – Respondent
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 Opera
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.
Point of Law : Court is firmly of the opinion that experience certificate dated issued by respondent department is required to be taken into consideration for grant of bonus marks to the petitioner.
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 interpretation of Rule 273 of the Rajasthan Panchayati Raj Rules, 1996, regarding the entitlement of bonus marks for experience gained throu....
Object of providing bonus marks in recruitment process is to place candidates having sufficient experience of working.
The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.
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