Rajasthan High Court - Jodhpur
Prakash Godara vs State Of Rajasthan on 18 November, 2021
Bench: Sandeep Mehta, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1271/2019
Prakash Godara S/o Sh. Moolaram Ji, Aged About 33 Years, R/o
Rathmal Bara, Osian, Jodhpur (Rajasthan).
----Appellant
Versus
State Of Rajasthan, Through The Additional Director
(Administration), Directorate Of Medicines And Health Services
Rajasthan, Tilak Marg, Swasthaya Bhawan, Jaipur (Rajasthan).
----Respondent
Connected With
D.B. Spl. Appl. Writ No. 1316/2019
Ashok Amrawat S/o Sh. Narpat Singh, Aged About 29 Years, R/o
Uguna Bass Marwar, Mathaniya, Jodhpur (Rajasthan).
----Appellant
Versus
State Of Rajasthan, Through The Additional Director
(Administration), Directorate Of Medicines And Health Services,
Rajasthan, Tilak Marg, Swasthaya Bhavan, Jaipur (Rajasthan).
----Respondent
For Appellant(s) : Mr. L. S. Udawat on behalf of
Mr. Kuldeep Mathur.
For Respondent(s) :
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE SAMEER JAIN
Order
18/11/2021
By the court : PER HON'BLE JAIN, J.
In terms of order dated 17.11.2021, the appeal was restored
to its original number and was listed for admission along with
identical / similar matter D.B. Spl. Appl. Writ No. 1316/2019.
Both these appeals are heard together as the issue involved
is common and they are against common judgment. With the
consent of appellants/petitioners' advocate, the appeals are
decided at the stage of admission.
(2 of 4) [SAW-1271/2019]
The appellants/petitioners have filed writ petitions under
Article 226 of the Constitution of India seeking direction for award
of bonus marks as per the certificate of experience for the
recruitment procedure for the post of Nurse Grade-II pursuant to
the advertisement dated 30.05.2018.
The petitioners applied for the post of Nurse Grade-II
pursuant to the advertisement dated 30.05.2018. The
advertisement provided for award of bonus marks based on
experience with a cut off date to be calculated till the date of
advertisement i.e. 30.05.2018.
The advertisement further provided that for each completed
years' experience, 10 marks were to be granted with maximum of
30 marks.
The earlier writ petitions filed by the petitioners were decided
by learned Single Judge of this Court on 20.06.2018 relying upon
an order passed by the Jaipur Bench of this Court in Jaipal Meena
& Ors. v. State of Rajasthan & Ors. (S.B. Civil Writ Petition
No.12152/2018), decided on 01.06.2018 and it was ordered to
issue experience certificate to the petitioners.
Pursuant to the said judgment dated 20.6.2018, the
petitioners were issued experience certificate dated 30.06.2018
indicating that they had experience of 3 years and one day on
the date of issuance of certificate. The petitioners have
produced the said certificates, however, it is submitted by the
petitioners that they have been awarded 20 marks only though
the certificates indicate that they have completed 3 years of
service as contractual employees. The contention of petitioners
before the learned Single Judge was that though the certificate
issued to the petitioners indicate experience of 3 years and one
(3 of 4) [SAW-1271/2019]
day on the date of issuance of experience certificate i.e. dated
30.06.2018, yet the bonus marks awarded based on experience
for the period upto the date of advertisement i.e. 30.05.2018 and,
therefore, they were only given 20 marks.
In short, inspite of having 3 years experience, they were
awarded 20 marks, whereas they should have been awarded 30
marks.
The learned Single Judge, on perusal of record and after
hearing the arguments dismissed both the writ petitions by
common judgment holding that the experience and the marks,
which were to be awarded as bonus, were to be considered till the
date of issuance of the advertisement, which admittedly was
30.05.2018 and, therefore, award of 20 marks was correct and
the experience certificate till the date of issuance was immaterial.
Against the said common judgment of the learned Single
Judge dated 22.08.2019 referred to as impugned order the
present appeals have been preferred by the petitioners.
On perusal of the advertisement dated 30.05.2018 and
specific relevant portion therein reproduced below:-
"¼i½ vH;fFkZ;ksa dh ik+=rk dh tkap ,oa nLrkostksa ds lR;kiu ds le;
vkosnd dks eq[;ea=h chih,y thou j{kkdks"k] ,uvkj,p,e esfMds;j fjyhQ
lkslk;Vh] ,M~l daVªksy lkslk;Vh] jk'Vªh; {k; fu;a=.k dk;Zdze] >kykokM+
vLirky ,oa fpfdRlk egkfo|ky; lkslk;Vh] lesfdr jksx fuxjkuh ifj;kstuk]
jkT; LokLF; ifjokj dY;k.k laLFkku (SIHFW) ,oa jkT; ljdkj ds v/khu
leku dk;Z djus dk foHkkx ds vf/kd`r izkf/kdkjh }kjk fu/kkZfjr izk:i esa tkjh
vuqHko izek.k i= izLrqr djuk gksxkA ;g vuqHko izek.k i= foKkfir in ds fy;s
vkWuykbZu vkosnu djus dh vafre frfFk ls iwoZ dk tkjh fd;k gqvk gksuk
vko";d gSA vuqHko vof/k dh x.kuk foKfIr tkjh gksus dh frfFk rd dh
tkosxhA vuqHko izek.k i= dk izk:i ^v* layXu gSA foHkkx }kjk fu/kkZfjr izk:i
ds vfrfjDr vU; fdlh izk:i esa tkjh fd;k x;k vuqHko izek.k i= ekU; ugha
gksxkA"
(4 of 4) [SAW-1271/2019]
We have no hesitation to confirm the decision of learned
Single Judge as it is rightly held that the calculation of marks was
to be counted till the date of issuance of advertisement i.e.
30.05.2018 and not till the date of issuance of certificate that was
30.06.2018. Therefore, the bonus marks awarded to the tune of
20 numbers was absolutely justified and correct.
In the light of above discussion, both these appeals being
devoid of merit are hereby dismissed.
(SAMEER JAIN),J (SANDEEP MEHTA),J
52-SPhophaliya/Sachin/-
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