STATE OF RAJASTHAN Vs. DAULAT RAM

JUDGEMENT

(1.) For the reasons stated, the application filed for condonation of delay in SAW No.502/2019 is allowed. With the consent of the parties, the appeals were finally heard.

(2.) The question involved in these cases is whether the respondents-writ petitioners are entitled to claim bonus marks in the recruitment process notified by the State of Rajasthan, to the post of Nurse Grade-II. The advertisement dated 06.10.2018 indicated that the bonus marks would be awarded to candidates with experience of working in four categories of institutions [Clause-7(2) of the advertisement dated 06.10.2018]. The four categories were - those who worked with the State of Rajasthan under the National Rural Health Mission (in short 'NRHM'); employees who worked under the Chief Minister BPL Scheme, individuals appointed under the State Jeevan Raksha Kosh and those who had worked with the State of Rajasthan in its departments, with similar experience. The advertisement is open and does not place any restrictions as to the manner of appointment to these four classes of institutions (i.e. contractual, temporary, through placement agency etc.).

(3.) The writ petitioners approached the Court contending arbitrariness on the part of the State because it refused to award them bonus marks, as they had not worked in any of the four listed categories of institutions. The writ petitioners were working in different classes of institutions, such as University, NGOs and Ayurvedic Hospitals, etc.