STATE OF RAJASTHAN THROUGH SECRETARY, DEPARTMENT OF MEDICAL & HEALTH, GOVERNMENT OF RAJASTHAN, JAIPUR Vs. PRADEEP SINGH S/O SHRI HEER SINGH INDA, AGED 35 YEARS, R/O TARTOLIYA, TEHSIL ABU ROAD, DISTRICT SIROHI (RAJ.)

JUDGEMENT

(1.) This order shall dispose both the appeals arising from a common order dated 08.03.2016 disposing two separate writ petitions.

(2.) The learned Single Judge held that the order dated 28.10.2015 issuing guidelines for calculation of marks on basis of the minimum secured in the supplementary examination instead of actual marks was not sustainable in absence of any reasonable explanation for the same. It was further held that the rules of the game regarding calculation of marks could not be changed after the selection process had commenced.

(3.) Learned Additional Advocate General submitted that the guidelines dated 28.10.2015 were issued by the Additional Director (Administration), Medical & Health Services pursuant to the recommendation of an expert committee constituted consequent to an order of the Court in S.B. Civil Writ Petition No. 3766/2015 (Madan Singh and Ors. Vs. State of Rajasthan and ors. ) with regard to the selection process for the post of Nurse Grade II. The Rajasthan Secondary Education Regulations, 1991 (hereinafter referred to as 'the Regulations') framed under the Rajasthan Secondary Education Act, 1957 (hereinafter referred to as 'the Act') provided that the minimum marks secured in the supplementary examination would be considered for passing only and no division would be awarded to such a candidate. The amendment to the Regulations for the 2012 examination stipulated that the minimum marks obtained in the supplementary examination would be added to the other marks and division accorded on that basis. The Respondent having passed the secondary examination in 1997 would therefore be governed by the original Regulations and therefore the authorities committed no error by acting on the recommendation of the expert committee to determine the award of marks to him for his educational qualification of secondary education based on the minimum marks obtained in the supplementary examination.