RAJENDRA KUMAR BENIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since all the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.14080/2023 while treating the same as a lead case, rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.

(2.) Learned counsel for the petitioners submits that the controversy in these cases is emanating out of the recruitment to the various posts i.e. of Nursing and Paramedical Officer, Female Health Worker, Lab Technician and Dental Technician. Initially the recruitment was initiated by the State Government vide advertisement dtd. 16/11/2022 to be conducted in accordance with the Rajasthan Medical & Health Subordinate Service Rules, 1965 (hereinafter referred to as the 'Rules of 1965'), but subsequently the advertisement was withdrawn and a fresh advertisement was issued on 5/5/2023 whereby the same recruitment was to be done under the Rules of 1965.

(3.) The bone of contention being the bonus marks to be given and not to be given arose and the experience clauses prompted the petitioners to come before this Court. The broader controversy was also laid before the Division Bench of this Court at Jaipur Bench in case of Bhanwar Kumar Bagaria & Ors. Vs. The State of Rajasthan & Ors. (D.B. Civil Writ Petition No.5980/2022) alongwith other connected matters, in which, the interim order was not granted by Division Bench of this Court at Jaipur Bench, but the protection of the selection process remaining subject to the final outcome of the writ petition was granted. The order dtd. 8/8/2023 reads as follows: