Rajasthan High Court
Shivpal Verma Son Of Shri Mohan Lal ... vs State Of Rajasthan on 9 November, 2021
Bench: Akil Kureshi, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 395/2020
1. Shivpal Verma Son Of Shri Mohan Lal Verma, Aged About
32 Years, Resident Of 27, Mukhya Abadi, Gorika Bas,
Dungri Khurd, Jaipur (Raj.)
2. Suman Jatav Son Of Shri Kailash Jatav, Aged About 30
Years, Resident Of Salimpuriya Ka Pura, Ward No. 16,
Hindauncity, District Karauli (Raj.)
3. Surendra Nagar Son Of Shri Babu Lal Nagar, Aged About
33 Years, Resident Of Village Phungahei, Tehsil Khanpur,
District Jhalwar (Raj.)
4. Anil Kumar Luhar Son Of Shri Nana Lal Luhar, Aged About
30 Years, Resident Of Village And Post Binota, Tehsil
Nimbaheda, District Chittorgarh (Raj.)
5. Pritam Singh Son Of Shri Chetan Singh, Aged About 28
Years, Resident Of Village And Post Akoli Via Bagra,
District Jalore (Raj.)
6. Rajender Kumar Ola Son Of Shri Jagdev Singh Ola, Aged
About 34 Years, Resident Of Village And Post Kurli Via
Katrathal, District Sikar (Raj.)
7. Santosh Kumari Daughter Of Shri Munga Ram, Wife Of
Shri Rajendra Kumar Ola, Aged About 31 Years, Resident
Of Village And Post Kurli Via Katrathal, District Sikar
(Raj.)
----Appellants
Versus
1. State Of Rajasthan, Through Its Secretary, Medical And
Health Department, Government Of Rajasthan,
Secretariat, Jaipur (Raj.)
2. Additional Chief Secretary, Medical And Health
Department, Secretariat, Jaipur (Raj.)
3. Director, Medical And Health Services, Rajasthan, Tilak
Marg, Swasthya Bhawan, Jaipur (Raj.).
4. Additional Director (Administration), Medical And Health
Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur
(Raj.).
----Respondents
(2 of 3) [SAW-395/2020]
For Appellant(s) : Mr. Arvind Kumar Arora with
Ms. Komal Kumari Giri
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MS. JUSTICE REKHA BORANA
Order
09/11/2021
This appeal is directed against the judgment of learned
Single Judge dated 06.03.2020 passed in Civil Writ Petition
No.4062/2020. Petitioners had applied in response to the
advertisement for selection to the post of Nurse Grade-II issued
by the State of Rajasthan. The case of the petitioners is that the
advertisement provided for bonus marks of 10% to 30%
depending on the length of experience of the candidates in
specified Government institutions. Admittedly, the petitioners did
not fall in any of these institutions but desired that they also must
be granted similar bonus marks weightage. The learned Single
Judge dismissed the petition along with other connected petitions
by the impugned judgment relying on a decision of Division Bench
in case of Sandeep Kumar Saini and Ors. Vs. State of
Rajasthan and Ors. (D.B. Civil Writ Petition
No.12838/2018) dated 29.08.2019, in which the said criteria
was upheld.
Learned counsel for the petitioners submitted that challenge
against the said decision is pending before the Supreme Court.
We notice that the prescription for granting bonus marks as
contained in the advertisement was based on Rule 19 of the
Rajasthan Medical and Subordinate Service Rules, 1965. This Rule
(3 of 3) [SAW-395/2020]
clearly envisaged such limited preference being granted to the
candidates who gained experience from specified Government
institutions. Petitioners have not challenged the validity of the
Rule. When the Rule is not in question and petitioners do not
specify the requirement of the Rule for granting weightage, the
prayer of the petitioners cannot be even otherwise granted.
In the result, appeal is dismissed. However, it is clarified that
if eventually the Supreme Court in the pending litigation reverses
the law position as prevailing in this High Court in the present
issue, the petitioner may approach the authorities if otherwise
permissible in law.
(REKHA BORANA),J (AKIL KURESHI),CJ
KAMLESH KUMAR/N.Gandhi/1
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