ORDER

1. This order shall govern the disposal of WP No.5903/2024 and 7001/2024 as the common issue is involved in these petitions and for the sake of convenience, the facts have been taken from WP No.5903/2024.

2. This petition has been filed by the petitioners under Article 226 of the Constitution of India against the advertisement dated 14.2.2022 seeking the following reliefs:-

7.1) The petitioners may kindly be provided with the 3 % Bonus Marks in the examination as provided under the clause 6 (2) of the advertisement dated14.2.2022 by the respondents.

7.2) The merit list dated 22.2.2024 may kindly be set aside and respondents be directed to issue a fresh merit list with granting the just benefits as prescribed under law.

7.3) Any other relief which this Hon'ble Court may deem fit in the facts and circumstances of the case, may also be kindly granted in favour of the petitioner.”

3. The petitioners’ grievance is that despite being eligible to obtain the Bonus Marks as provided under Clause 6(2) of the advertisement dated 14.2.2022 for the post of Ayurved Medical Office\, they have not been given the said marks for their selection for the said post. The petitioners are also aggrieved by the merit list dated 22.2.2024, which is the result of Ayurved Medical Officer Examination 2021.

4. The facts of the case are that the petitioners are qualified Doctors having completed their B.A.M.S., i.e., Bachelor of Ayurvedic Medicine and Surgery, and are working as Community Health Officer (C.H.O.) under the respondent No.2 Ministry of Public Health and Family Welfare Department, and had applied for the post of Ayurved Medical Officer as advertised vide the advertisement dated 14.2.2022 in which, they have stated that they are the Community Health Officer. In the aforesaid examination, the petitioners also got good marks in the written examination as also in the interview, their interview call letters have also been placed on record, however, when the result was declared on 14.2.2022, no Bonus Marks as per Clause 6(2) of the advertisement dated 14.2.2022 were awarded to them and thus, when they came to know that they have not been awarded 3% Bonus Marks, and also that the other candidates who have been selected, have already been called for verification of their documents, this petition has been filed by them without any delay.

5. Counsel for the petitioners has drawn the attention of this Court to Clause 6(2) of the advertisement dated 14.2.2022 to submit that the Bonus Marks are to be given to the persons who are posted as Ayush Medical Officer or have worked as Contractual Ayush Medical Officer. It is submitted that the petitioners though were posted as Community Health Officers were entitled to claim the aforesaid benefit of Bonus Marks as the qualification and the work experience of Community Health Officers and Ayush Medical Officers is identical as the petitioners are assigned the same duties and responsibility as are assigned to Ayush Medical Officers working in C.H.C./P.H.C./R.B.S.K./N.R.H.M. Counsel has also submitted that the case of the petitioners is squarely covered by the order passed by the coordinate Bench of this Court at Jabalpur in the case of Dr. Virendra Agrawal v. M.P. Public Service Commission in WP No.5051/2024 dated 7.3.2024 wherein also an identical condition was involved.

6. Counsel for the respondent/State has opposed the prayer and it is submitted that no case for interference is made out as the decision relied upon by the counsel for the petitioner in the case of Dr. Virendra Agrawal (supra) is distinguishable for the reason that in the aforesaid case, the petitioner was already working as Contractual Ayurvedic Medical Officer whereas in the present case, the petitioners are Community Health Officers. Counsel has also submitted that the order passed by the coordinate Bench of this Court in the case of Dr. Virendra Agrawal (supra) is already challenged by the State before the Division Bench, however, the same