ARVIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners said to be possessing the requisite qualification and eligibility; and having offered their candidature for the post of Pharmacist under the Rajasthan Medical & Health (Subordinate Service) Rules, 1965 ('the Rules of 1965') pursuant to the advertisement (Annex.1), have filed this writ petition stating grievance against the stipulation in the advertisement about grant of bonus marks only after the minimum experience of 1 year.

(2.) THE petitioners, who have allegedly worked as Pharmacist under Chief Minister's Free Distribution of Medicines Scheme with different Chief Medical & Health Officers for different length of time, but below 1 year, are aggrieved of the fact that they would not be given any bonus marks for not having the requisite minimum work experience of 1 year. This stipulation about the minimum experience of 1 year for the purpose of grant of bonus marks has been put to contention in this writ petition and the petitioners have claimed the following reliefs:

(3.) THE respondents on the other hand, contend that the rule in question has been amended under the notification dated 06.02.2013, which provides that the merit shall be prepared on the basis of the marks obtained in qualifying examination and such bonus marks, as may be specified by the State Government having regard to the length of experience on similar work under the Government, Chief Minister BPL Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institutes under Co-operative Department or Sahakari Upbhokta Bhandar. It is also submitted that on 27.02.2013, the Government issued directions for awarding of bonus marks; and the questioned stipulation in the advertisement is in accord with the directions so issued by the Government. It is submitted that the petitioners have sought reliefs contrary to the existing provisions of the rules; and have failed to show as to how the provisions made by the respondents suffer from any illegality or unconstitutionality.