RATAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In all these petitions, the common challenge is to validity of proviso to Rule 19 of the Rajasthan Medical and Health Subordinate Service (Second Amendment) Rules, 2018. The amended rules confined award of bonus marks (in recruitment to the cadre of Pharmacists in the State) to four categories of employees, who worked for the State Government or the Chief Minister B.P.L. Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society and AIDS Control Society.

(2.) In a closely similar situation where similar rules with respect to recruitment of Government Nurses and the award of bonus marks was an issue, where the Single Judge had directed the grant of such benefit (bonus marks) on the basis of experience gained in societies, NGOs and other institutions (carrying out certain State public health programmes), a Division Bench disapproved the relief and set aside the judgment. The Division Bench ruling in State of Rajasthan and ors. Vs. Daulat Ram and ors. [D.B. Special Appeal Writ No. 673/2019] decided on 30.07.2019 had noticed the previous judgments in Gaurav Kumar Sen and ors. Vs. State of Rajasthan and ors. [D.B. Civil Writ Petition No. 24245/2018] decided on 29.10.2018 by the Jaipur Bench, and held as follows :-

(3.) Reliance has been placed by the learned counsel for the petitioners on para no.3 of the order dated 06.10.2016 of a coordinate bench of this court in a bunch of writ petitions leading one being D.B. Civil Writ Petition No.925/2014 - Dr. Rohit Sharma Vs. State and Others, which reads thus:-