Rajasthan High Court
Rakesh Kumar Sharma S/O Shri Shivcharan ... vs The State Of Rajasthan ... on 10 January, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:1646]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18869/2018
1. Rakesh Kumar Sharma S/o Shri Shivcharan Sharma,
Aged About 38 Years, Laxmi Medical Store Khandar
Sawaimadhopur Raj.
2. Rakesh Kumar Jasu S/o Shri Narendra Kumar, Aged About
36 Years, R/o Joshi Mohalla Bakani Distt. Jhalawar
3. Rajesh Kumar Mishra S/o Shri Rambabu Sharma, Aged
About 39 Years, R/o House No. 553 Ganesh Nagar Near
New Medical College Kota
4. Brijbhooshan Sharma S/o Shri Ramcharan Lal Sharma,
Aged About 40 Years, R/o William Sahab Ki Gali Sitabari
Karauli
5. Arvind Kumar Gupta S/o Shri Ramcharan Lal Gupta, Near
Naharsingh Guest House Kaila Devi Teh. Sapotra Distt.
Karauli
6. Raj Bahadur Meena S/o Shri Harimohan Meena, Aged
About 32 Years, Vp Piloda Teh. Wajirpur Distt
Sawaimadhopur
7. Pawan Kumar Rathore S/o Shri Bajrang Lal Rathore, Aged
About 32 Years, R/o 296-4-4 Mayanagar Jyotish Karyalay
Near Janseva School Musakheri Indore (M.p.)
8. Mukesh Kumar Goswami S/o Nekram, Aged About 34
Years, Narsinghpura Post Aekta Teh. Baseri Distt. Dholpur
9. Durga Shankar Nagar S/o Shri Ramswaroop Nagar, Aged
About 29 Years, 204 Bajrang Garh Kishanganj Baran
10. Dhanraj Meen S/o Shri Laturlal Meena, Aged About 37
Years, Vill Suwaliya Post Jolpa Teh. Khanpur Distt
Jhalawar
----Petitioners
Versus
1. The State Of Rajasthan, Through The Principal Secretary
To The Government Medical And Health Department
Secretariat Jaipur
2. The Dirctor, Medical And Health Services Directorate
Swasthya Bhavan Tilak Marg Jaipur
3. The Additional Director (Administration ), Medical And
Health Services Department Swasthya Bhavan Tilak Marg
Jaipur
----Respondents
Connected With
S.B. Civil Writ Petition No. 13716/2018
1. Rajender Kumar Ola S/o Shri Jagdev Singh Ola, Aged
About 33 Years, Resident Of Village And Post Kurli, Via
[2024:RJ-JP:1646] (2 of 3) [CW-18869/2018]
Katrathal, District Sikar (Rajasthan)
2. Satyadev Sharma S/o Shri Madan Lal Sharma, Aged
About 32 Years, Resident Of Village And Post Narainpur,
Mohalla Bhagattpura, Tehsil Thanagazi District Alwar
3. Om Prakash N Choudhary S/o Shri Narsinga Ram
Choudhary, Aged About 34 Years, Resident Of 132K.v.,
Behind Beldev Nagar, Barmer, District Barmer
4. Kuldeep Bhanawat S/o Shri Jassa Ram, Aged About 30
Years, Resident Of Village Post Jaswanata Bad, Tehsil
Riyabadi, District Nagaur (Rajasthan)
5. Pritam Singh S/o Shri Chetan Singh, Aged About 27
Years, Resident Of Village And Post Akoli, Via Bagra,
District Jalore (Rajasthan)
6. Santosh Kumari D/o Shri Moonga Ram, Aged About 30
Years, Wife Of Shri Rajender Kumar Ola, Resident Of
Village And Post Kurli, Via Katrathal, District Sikar
(Rajasthan)
----Petitioners
Versus
1. State Of Rajasthan Through Secretary, Department Of
Medical And Health Services, Government Of Rajasthan,
Government Secretariat, Jaipur
2. Additional Director, (Administration), Directorate Of
Medical And Health Services, Government Of Rajasthan,
Tilak Marg, Swasthya Bhawan, Jaipur
----Respondents
For Petitioner(s) : Mr. Harsh Dadhich for
Mr. Sunil Kumar Singodiya
Ms. Sushila Kalwania for
Mr. Pradeep Kalwania
For Respondent(s) : Dr. V.B. Sharma, AAG with
Ms. Malti, AGC
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
10/01/2024
Counsels appearing for the petitioners fairly submit that the
issue raised in the present writ petitions have been put to rest by
the Co-ordinate Bench of this Court in S.B. Civil Writ Petition
[2024:RJ-JP:1646] (3 of 3) [CW-18869/2018]
No. 13351/2018 "Anurag Sharma and Ors. Vs. State of
Rajasthan & Anr." decided on 11.11.2019, whereby the writ
petitions were dismissed.
In case of Anurag Sharma (supra) this Court has observed
as under:-
"Thus, the service or experience gained by any person under
the Government of Rajasthan only be included as per the
amended Rule 19 of Rules 1965 for the purpose of granting bonus
marks.
It is also noticed that under Clause-7 of advertisement, it
was specifically mentioned that the experience gained under the
State Government alone would be counted. Petitioners may have
applied under the said advertisement and participated in the
selection process, however, have been unsuccessful in finding
place in merit and now want claim of bonus mark for the purpose
of appointment. The condition of the advertisement has not been
challenged by the petitioners nor the definition of 'Government' as
provided under the Rules of 1965 and quoted above, has been
challenged.
In view thereof, no relief can be granted to the petitioners for
experience which they have gained under some other Government
than the State.
It is to be noted that the Rules of 1965 are the Rules framed
under proviso to Article 309 of the Constitution of India and it is
the State alone which can frame such rules for its own employees
and in the said circumstances, since Constitution provides and
empowers the State to frame special rules for its own employees,
any experience gained by any person in another State
Government under its rules would have no claim for grant of
bonus marks under the existing rules of State of Rajasthan.
The writ petition being devoid of merit is hereby dismissed.
All the pending application(s) stand dismissed."
In view of the observations of this Court in case of Anurag
Sharma (supra) the present petitions are also dismissed having no
merit.
Registry is directed to place a copy of this order in connected
file.
(GANESH RAM MEENA),J
DIVYA SAINI /66-67
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