TRAPTI PANDEY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these intra court appeals have been filed against the judgement dated 29.08.2019 passed by the learned Single Judge whereby, the writ petitions preferred by the appellants herein seeking benefit of bonus marks on the basis of their experience gained under National Rural Health Mission Scheme (for short-'the NRHM') in States other than State of Rajasthan, have been dismissed.

(2.) The facts in brief, as emerge from perusal of the record are that the respondent-State of Rajasthan vide advertisement dated 30.05.2018, invited applications for appointment on the post of Nurse Gr.II under Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short-'the Rules of 1965'). Contending that the appellants possessed the requisite qualification for appointment on the post of Nurse Gr.II; but, were excluded from the final merit list inasmuch as they were not extended the benefit of bonus marks awardable on the basis of length of experience by working under NRHM besides other schemes as contemplated under Rule 19 of the Rules of 1965 on the premise that they have gained the experience under the scheme in States other than State of Rajasthan whereas the benefit was confined by the respondents to the candidates having gained experience under the scheme working in the State of Rajasthan only, the writ petitions were filed. The appellants contended that since the NRHM scheme is a Central Government scheme, the respondents acted in violation of the mandate of Article 14 of the Constitution of India by confining the benefit of experience to the candidates working under this scheme in the State of Rajasthan only. The appellants relied upon the order dated 18.11.2013 passed by single bench of this Court in S.B. Civil Writ Petition No.16545/2013, Mahesh Kumar Yadav v. The State of Rajasthan, the order dated 9.2.2016 passed by the division bench of this Court at Principal Seat, Jodhpur in D.B. Civil Writ Petition No.12942/2015, Jagdish Prasad v. State of Rajasthan, the order dated 26.11.2018 passed by the single bench of this Court in S.B. Civil Writ Petition No. 13230/2018, Ashok Kumar Saini v. State of Rajasthan, which has been upheld by the division bench in D.B. Special Appeal (Writ) No.42/2019, Shiv Kumar Meena v. State of Rajasthan and other connected appeals vide order dated 28.02.2019 to impress upon this Court that the issue as to the award of bonus marks to a candidate on account of experience of working under NRHM anywhere in India is no more res integra as it has been held by this Court in the aforesaid cases that no discrimination can be made by the respondents on this count.

(3.) The learned Single Judge has, vide its impugned judgement dated 29.8.2019, dismissed the writ petitions. Hence these appeals.