- (1.) HEARD on the question of admission. Petitioners are questioning the provision to Rule 19 of the Rajasthan Medical & Health Subordinate Service Rules, 1965 in so far as it relates to grant of bonus marks. The matter is regarding appointment to the post of Pharmacist to the incumbents who have performed similar work under the Government or National Rural Health Mission are to be given bonus marks as provided in the Rules.
(2.) THE grievance of the petitioners is that similar benefit of bonus marks ought to have been extended to the incumbents who have rendered similar work and gained experience with the private firms and other bodies. Inclusion of the incumbents who gained such experience while working with the Govt. Agencies or National Rural Health Mission is discriminatory. After hearing learned counsel for the petitioners at length, we find that petitioners cannot successfully raise the plea of discrimination. The incumbents who have served with the Government or National Rural Health Mission stands on a different footing than the one who has worked with the private agencies etc. It is very easy to procure the certificate of experience of a private firm without working. We find that petitioners can participate in the process if they are otherwise eligible. They are not entitled for the bonus marks. The groups entitled to bonus marks are differently placed. The classification is based on intelligible criteria. The other group of incumbents with private employer can not be called homogenous. Hence, plea of discrimination has no legs to stand. We find no ground to strike down the provision to Rule 19 of the Rules on the aforesaid plea of discrimination. The writ petition being devoid of merits, deserves to be dismissed. Stay petition No.10253/2012 is also dismissed.;