MAHIPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners, in these writ petitions, have challenged the validity of the amended proviso to Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short 'the Rules of 1965' hereinafter) vide notification dated 06.02.2013, whereby benefit of bonus marks, on the basis of experience gained, has been extended to the candidates working under the Government, National Rural Health Mission and Medicare Relief Society. The petitioners, who are working as Nursing Staff in the private hospitals run by private medical colleges or the hospitals run by the Co -operative Societies have claimed that they are also discharging similar kind of duties as discharged by the Nursing Staff, working under the Government, National Rural Health Mission and Medicare Relief Society but the Government has discriminated with them by restricting the benefit of bonus marks to those persons only, who are working under the Government, National Rural Health Mission and Medicare Relief Society while excluding the petitioners. It is contended on behalf of the petitioners that they are also discharging similar kind of duties as performed by the Nursing Staff working under the Government, National Rural Health Mission and Medicare Relief Society and, therefore, they are also entitled for bonus marks on the similar lines against the experience gained by them while working in private hospitals. It is also contended that there is no justification to deny the bonus marks to the candidates having experience of working as Nursing Staff with the private hospitals.

(2.) PER contra, learned counsel for the respondents -State have argued that there is no illegality in making provisions for awarding benefit of bonus marks to the persons having experience of working under the Government, National Rural Health Mission and Medicare Relief Society vis -à -vis the persons working as Nursing Staff in the private hospitals. It is also contended that the said classification is permissible under the law because the same has been done in view of the fact that the persons serving as Nursing Staff under the Government, National Rural Health Mission and Medicare Relief Society have additional responsibility, sensitivity and liability, which the petitioners are lacking. The learned counsel for the respondents have placed reliance on the decision passed by a Co -ordinate Bench of this Court in Mool Chand Jot & Anr. v. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 12346/2012), wherein the Co -ordinate Bench of this Court has rejected the similar kind of challenge to the proviso to Rule 19 of the Rules of 1961 made by the Pharmacists working in different private institutes vis -a -vis Pharmacists working under the Government, Chief Minister BPL Jeevan Raksha Kosh, National Rural Health Mission and other projects of the State Government or the Sahakari Upbhokta.

(3.) THE amended proviso to Rule 19 of Rules of 1965, which is under challenge, is reproduced hereunder: