Rajasthan High Court - Jodhpur

Ritesh Janjra vs State Of Rajasthan ... on 3 February, 2023

Bench: Dinesh Mehta

[2023/RJJD/003832]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 1489/2023

1. Ranjeet Kumar Maru S/o Shri Dinesh Kumar Maru, Aged About 28 Years, R/o Near Janglat Choki Desuri Tehsil Desuri District Pali Rajasthan.

2. Joga Ram S/o Shri Deepa Ram, Aged About 30 Years, R/o Rebariyo Ki Dhani Bhero Kakar Village Narlai District Pali Rajasthan.

3. Kailash Nagora S/o Shri Chetan Prakash, Aged About 30 Years, R/o Gaurvo Ka Nath Khateeko Ka Mohalla Subhash Ghat Pipar City Tehsil Pipar City Jodhpur Rajasthan.

----Petitioners Versus

1. The State Of Rajasthan, Through Its Director State Health And Family Welfare Society, Government Of Rajasthan, Jaipur, Rajasthan.

2. State Of Rajasthan, Through Joint Director (Recuitment) Medical And Health Department, Jaipur, Rajasthan.

3. Chief Medical And Health Officer, Pali District Pali Rajasthan.

4. Supritendent, Bangar Hospital Pali Rajasthan.

----Respondents

(2) S.B. Civil Writ Petition No. 211/2023

1. Rajesh Kumar Meena S/o Shri Prabhu Lal Meena, Aged About 33 Years, R/o Naya Tapara, Mukam Post Dolpura, Dungarpur, District Dungarpur, Rajasthan.

2. Dipak Patidar S/o Shri Dayalal Patidar, Aged About 29 Years, R/o Village Diwara Chhota, Khargada, Dungarpur, District Dungarpur, Rajasthan.

3. Vinod Kumar Kumhar S/o Shri Kodar Kumhar, Aged About 30 Years, R/o Patelwada, Bori, Dungarpur, District Dungarpur, Rajasthan.

4. Kalpesh Kumar Sompura S/o Shri Mukesh Kumar Sompura, Aged About 33 Years, R/o Ward No. 12, Ram Dwara Marg, Salatwada, Sagwara, Dungarpur, District Dungarpur, Rajasthan.

5. Dushyant Kumar Joshi S/o Shri Paramanand Joshi, Aged About 29 Years, R/o Ward No. 7, Talora, Dungarpur, District Dungarpur, Rajasthan.

6. Anil Kumar Khatik S/o Shri Dhanpal Khatik, Aged About 32 Years, R/o C-183, Purniwas Colony, Sagwara, Dungarpur, District Dungarpur, Rajasthan.

7. Koushal Vyas S/o Shri Balkrishan Vyas, Aged About 31 Years, R/o Vpo Sundra Kherwada, Udaipur, District Udaipur, Rajasthan.

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----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Dungarpur, District Dungarpur.

5. The Chief Medical And Health Officer, Dungarpur, District Dungarpur, Rajasthan.

----Respondents (3) S.B. Civil Writ Petition No. 213/2023

1. Pawan Puri Sadhu S/o Shri Jagdish Puri Sadhu, Aged About 35 Years, R/o Vpo Jhosava, Tehsil Galiyakot, District Dungarpur, Rajasthan.

2. Pavan Kumar S/o Shri Lavaji Patidar, Aged About 37 Years, R/o H.no. 322, Patidar Mohalla, Asoda, District Banswara, Rajasthan.

3. Mahendra Singh Ranawat S/o Shri Mohan Singh Ranawat, Aged About 34 Years, R/o Arthuna, Banswara, District Banswara, Rajasthan.

4. Jugnu Shah S/o Shri Khushpal Shah, Aged About 35 Years, R/o Arthuna, Banswara, District Banswara, Rajasthan.

5. Narendra Kalal S/o Shri Mul Chand Kalal, Aged About 38 Years, R/o Nawa Gaon, Banswara, District Banswara, Rajasthan.

6. Gajpal Singh Rathore S/o Shri Mahavir Singh Rathore, Aged About 30 Years, R/o Tamatiya Rathor, Tehsil Garhi, District Banswara, Rajasthan.

7. Sanket Bhavsar S/o Shri Prahlad Rai Bhavsar, Aged About 38 Years, R/o 157, 06 Khad Colony, Banswara Rural, District Banswara, Rajasthan.

8. Hitesh Aamliya S/o Shri Balwant Singh Aamliya, Aged About 37 Years, R/o Ward No. 21, Gorakh Imli Masjid, Khatwara Ke Piche, Banswara Rural, District Banswara, Rajasthan.

9. Rekha Kumari Meena S/o Shri Vijay Kant Meena, Aged About 33 Years, R/o Karmoda, Pratapgarh, District Pratapgarh, Rajasthan.

10. Vineet Kumar Jain S/o Shri Dinesh Chandra Jain, Aged About 35 Years, R/o 817, Jain Mohalla, Lohariya, Paloda, Banswara, District Banswara, Rajasthan.

----Petitioners

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Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Banswara, District Banswara.

5. The Chief Medical And Health Officer, Banswara, District Banswara, Rajasthan.

----Respondents (4) S.B. Civil Writ Petition No. 254/2023

1. Suresh Chawara S/o Shri Hasti Mal, Aged About 35 Years, R/o H. No. 142, Roopnagar, Paota C Road, Jodhpur, District Jodhpur, Rajasthan.

2. Mohammed Farukh Mehar S/o Mohammed Saleem Mehar, Aged About 30 Years, R/o Rajiv Gandhi Colony, Pal Link Road, Jodhpur, District Jodhpur, Rajasthan.

3. Kuldeep Singh Rathore S/o Shri Takhat Singh Rathore, Aged About 32 Years, R/o Kelawa House, Narsingh Dhara, Jodhpur, District Jodhpur, Rajasthan.

4. Santosh Sharma W/o Shri Narendra Kumar Vaishnav, Aged About 46 Years, R/o 13 Moti Sugan Vihar, Sarvoday School Ke Pass, Vishav Karma Nagar, 2Nd Bhadwasiya, Jodhpur, District Jodhpur, Rajasthan.

5. Sita Mundel W/o Shri Ramniwas Beda, Aged About 33 Years, R/o Shivnath Nagar, Rajlani, Jodhpur, District Jodhpur, Rajasthan.

6. Mahipal Choudhary S/o Shri Ram Prasad, Aged About 37 Years, R/o Lamroro Ka Bass, Dhadhesri, Kharika Khangar, Jodhpur, District Jodhpur, Rajasthan.

7. Dharmendra Choudhary S/o Shri Mana Ram, Aged About 30 Years, R/o Bhadwasiya Hospital Ke Piche, Maderna Colony, Jodhpur, District Jodhpur, Rajasthan.

8. Manish Rajpurohit S/o Shri Mahaveer Singh, Aged About 35 Years, R/o Amit Kunj, Plot No. 24, Guda Road, Jhalamand Choraha, Jodhpur, District Jodhpur, Rajasthan.

9. Koshalya Devi D/o Kana Ram Dudi, Aged About 31 Years, Vpo Nadsar, Tehsil Bhopalgarh, District Jodhpur, Rajasthan.

10. Sumitra Devi D/o Shri Bhanwar Lal Sain, Aged About 36 Years, R/o Holika Chowk, City Police, Jodhpur, District Jodhpur, Rajasthan.

----Petitioners Versus

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1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Jodhpur, District Jodhpur.

5. The Chief Medical And Health Officer, Jodhpur, District Jodhpur, Rajasthan.

----Respondents (5) S.B. Civil Writ Petition No. 258/2023

1. Bhoma Ram S/o Shri Shambhu Ram, Aged About 34 Years, R/o Madpura Barwala, Bhagoniyo9N Ki Dhani, Barmer, District Barmer, Rajasthan.

2. Ashok Kumar Lohar S/o Shri Pukhraj Lohar, Aged About 41 Years, R/o 12/154, Panghat Road, Chatriyo Ka Moarcha, Balotra, Barmer, District Barmer, Rajasthan.

3. Gyan Prakash S/o Shri Om Prakash, Aged About 32 Years, R/o Nehru Park Ke Pass, Nehru Colony, Balotra, Barmer, District Barmer, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Barmer, District Barmer, Rajasthan.

5. The Chief Medical And Health Officer, Barmer, District Barmer, Rajasthan.

----Respondents (6) S.B. Civil Writ Petition No. 260/2023

1. Babu Lal Gayari S/o Shri Pyar Chand Gayari, Aged About 35 Years, R/o Regar Mohalla, Ukhaliya, Mangrol, Chittorgarh, District Chittorgarh, Rajasthan.

2. Nand Kishor Dhakar S/o Shri Shiv Lal Dhakar, Aged About 37 Years, R/o Chuna Ka Mandir, Mailana, Nimbahera, Chittorgarh, District Chittorgarh, Rajasthan.

----Petitioners Versus

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1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Chittorgarh, District Chittorgarh, Rajasthan.

5. The Chief Medical And Health Officer, Chittorgarh, District Chittorgarh, Rajasthan.

----Respondents (7) S.B. Civil Writ Petition No. 306/2023

1. Lalit Kumar S/o Shri Popat Lal, Aged About 29 Years, Pavadiya Falla, Suar Was, Mandar, Sirohi, District Sirohi, Rajasthan.

2. Aysha Shiddhiki D/o Shri Mohammad Ali Shiddhiki, Aged About 35 Years, Chipa Nadi New Masjid, Sanjay Colony, Pratap Nagar, Jodhpur, District Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Sirohi, District Sirohi, Rajasthan.

5. The Chief Medical And Health Officer, Sirohi, District Sirohi, Rajasthan.

----Respondents (8) S.B. Civil Writ Petition No. 311/2023

1. Ashok Kumar Parmar S/o Shri Mana Ram Parmar, Aged About 30 Years, Ratri Samdari, Barmer, District Barmer, Rajasthan.

2. Hasam Khan S/o Shri Sumar Khan, Aged About 29 Years, Vaya Ramsar, Detani, Tehsil Sheo, District Barmer, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

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2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Barmer, District Barmer, Rajasthan.

5. The Chief Medical And Health Officer, Barmer, District Barmer, Rajasthan.

----Respondents (9) S.B. Civil Writ Petition No. 316/2023

1. Jai Kishan Rana S/o Shri Hari Prasad Rana, Aged About 35 Years, R/o Gali Number 2A, Rampura Basti, Deep Ji Ki Baadi, Bikaner, District Bikaner, Rajasthan.

2. Dinesh Kumar Pareek S/o Shri Dharma Ram, Aged About 36 Years, R/o Ward No. 03, Garhwala, Bikaner, District Bikaner, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Bikaner, District Bikaner, Rajasthan.

5. The Chief Medical And Health Officer, Bikaner, District Bikaner, Rajasthan.

----Respondents (10) S.B. Civil Writ Petition No. 317/2023

1. Ritesh Janjra S/o Shri Ramdhan Jat, Aged About 35 Years, R/o Kotri, Bhilwara, District Bhilwara, Rajasthan.

2. Avadhesh Kumar Sharotriya S/o Shri Satyanaran Sharotriya, Aged About 35 Years, R/o Plot No. 60, Jyoti Colony, Goutam Seva Sadan Road, Uncha, Bhilwara, District Bhilwara, Rajasthan.

3. Saurabh Kumar Joshi S/o Shri Shankar Lal Joshi, Aged About 34 Years, R/o 40-41, Sudarshan Nagar, Opposite Telephone Exchange, Shahpura, Bhilwara, District Bhilwara, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan,

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Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Bhilwara, District Bhilwara, Rajasthan.

5. The Chief Medical And Health Officer, Bhilwara, District Bhilwara, Rajasthan.

----Respondents (11) S.B. Civil Writ Petition No. 318/2023

1. Govind Prasad Sharma S/o Shri Raghunath Sharma, Aged About 36 Years, R/o Near Ganesh School, Teil Factory, Baran, District Baran, Rajasthan.

2. Hari Shankar Lavawansi S/o Shri Bihari Lal, Aged About 33 Years, R/o Ward No. 27, Dungari Rasta, Right Side Of Power House, Chhipabarod, Baran, District Baran, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Baran, District Baran, Rajasthan.

5. The Chief Medical And Health Officer, Baran, District Baran, Rajasthan.

----Respondents (12) S.B. Civil Writ Petition No. 321/2023 Diljeet Singh Jat S/o Shri Ratan Lal Choudhary, Aged About 30 Years, R/o Ganv Shrirampura, Post Kashir, Tehsil Sarwar, District Ajmer, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And

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Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Ajmer, District Ajmer, Rajasthan.

5. The Chief Medical And Health Officer, Ajmer, District Ajmer, Rajasthan.

----Respondents (13) S.B. Civil Writ Petition No. 324/2023

1. Geeta Dhaka D/o Shri Pema Ram Dhaka, Aged About 29 Years, R/o Laroli Kalan, Nagaur, District Nagaur, Rajasthan.

2. Madu W/o Shri Manoj Choudhary, Aged About 37 Years, R/o Shyam Nagar, Near Kuldeep Vihar, Jodhpur, District Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Jodhpur, District Jodhpur, Rajasthan.

5. The Chief Medical And Health Officer, Jodhpur, District Jodhpur, Rajasthan.

----Respondents (14) S.B. Civil Writ Petition No. 327/2023 Pradeep Singh S/o Shri Lal Singh, Aged About 35 Years, Budheshwar Mandir Ke Pas, Reodar, Sirohi, District Sirohi, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Sirohi, District Sirohi, Rajasthan.

5. The Chief Medical And Health Officer, Sirohi, District

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Sirohi, Rajasthan.

----Respondents (15) S.B. Civil Writ Petition No. 328/2023 Pawan Kumar Tailor S/o Shri Ram Dayal Tailor, Aged About 35 Years, R/o Chippo Ka Mohalla, Chippo Ke Mandir Ke Pass, Karera, Bhilwara, District Bhilwara, Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Sirohi, District Sirohi, Rajasthan.

5. The Chief Medical And Health Officer, Sirohi, District Sirohi, Rajasthan.

----Respondents (16) S.B. Civil Writ Petition No. 329/2023

1. Kamruddin S/o Shri Samsu Khan, Aged About 31 Years, R/o Sindhiyo Ka Bas, Nanan, Pipar City, District Jodhpur, Rajasthan.

2. Mohan Singh S/o Shri Data Ram, Aged About 45 Years, R/ o Jaroli, Dholpur, District Dholpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Jodhpur, District Jodhpur, Rajasthan.

5. The Chief Medical And Health Officer, Jodhpur, District Jodhpur, Rajasthan.

----Respondents (17) S.B. Civil Writ Petition No. 333/2023 Surendra Singh Solanki S/o Shri Ram Singh Solanki, Aged About 37 Years, R/o P.no. 71, Subhash Colony, Bhagat Ki Kothi, Jodhpur, District Jodhpur, Rajasthan.

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----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

4. The Joint Director, Medical And Health Services, Zone Pali, District Pali, Rajasthan.

5. The Chief Medical And Health Officer, Pali, District Pali, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Suresh Kumar Maru Mr. Ripudaman Singh Mr. Kailash Jangid For Respondent(s) : Mr. K.S. Rajpurohit, AAG with Mr. Rajat Arora

JUSTICE DINESH MEHTA

Order

03/02/2023

1. By way of present writ petitions, petitioners have

prayed that the respondents be directed to reckon their

experience for the purpose of bonus marks upto the last date of

submitting application form i.e. 24.11.2022 and a direction be

issued to issue certificate upto recruitment Notification dated

16.11.2022.

2. Learned counsel for the petitioners argued that the

respondents have fixed the last date for counting the experience

certificate to a day prior to the first date of submitting application

form i.e. 23.11.2022.

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3. Mr. Jangid, learned counsel for the petitioners argued

that there is no statutory backup or rationale behind fixing such

date for the purpose of counting experience.

4. Mr. K.S. Rajpurohit, learned Additional Advocate

General appearing for the respondent - State at the outset

submitted that the issue involved in the present writ petitions has

been set at rest by this Court in the judgment dated 05.10.2017

passed in the case of Anil Bishnoi & Ors. vs. State of Rajasthan

(S.B. Civil Writ Petition No. 796/2016) and after dealing with all

arguments, this Court has upheld the stand of respondent - State

in fixing the date for the purpose of counting experience.

5. Having heard the learned counsel for the parties and

following the reasoning given in the case of Anil Bishnoi (supra),

this Court is of the considered view that the State has committed

no error of law in fixing the date i.e. 23.11.2022 to be the date for

the purpose of counting experience. In the opinion of this Court, if

the stand of the petitioners is accepted, then the date of counting

of experience certificate will be a floating/fluctuating date,

inasmuch as, the last date of submitting application form often

changes due to extension or otherwise and if the same is

permitted, it would be iniquitous to the persons who are filling

application form immediately on opening of the online portal or

some days before the last date of submitting application form.

6. In the case of Anil Bishnoi (supra), this Court has held

thus:-

"Besides this, I do not find any incongruity or illegality in the note appended with para No. 8 of the advertisement. If the argument of the Petitioners is to be accepted, then it will be impractical rather impossible to adhere to it. The Court fails to understand, as to how, a candidate can furnish the

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application form claiming experience upto a date posterior to the date of submitting the form. A candidate can neither obtain such a certificate of a future date nor can such condition be conceived or countenanced in an advertisement. Petitioner can, at the best, claim that the experience upto the date of certificate or at the best, upto the date of actually submitting the form should be considered but then, it will lead to inflexible and inconsistent date(s) leading to complexity. As such, if the Respondents have fixed a uniform date namely, the date immediately preceding the opening date of application form, no fault can be found in such stand.

In view of the discussion above, this Court holds that for the purposes of calculation of bonus marks, experience of a candidate upto 01.03.2013, as provided in Clause 8 of the advertisement can alone be reckoned.