- (1.) THE petitioner, said to be possessing the requisite qualification and eligibility; and having offered his candidature for the post of Ayurved Chikitsadhikari under the Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Service Rules, 1973 ('the Rules of 1973') pursuant to the advertisement dated 01.06.2013 (Annex.5), has filed this writ petition stating grievance against the stipulation about grant of bonus marks in the recruitment in question only to the candidates working under the Government, or in Chief Minister BPL Jeevan Raksha Kosh, or in National Rural Health Mission; and not to the candidates like him, who are or had been working otherwise.
(2.) THE petitioner, who allegedly possesses the requisite qualification and had allegedly rendered his services as Ayurvedic Chikitsak to the Charitable Project Society of Lions Club, Jodhpur West, is aggrieved of the fact that he would not be given any bonus marks though he worked for over a year with the said society; and discharged the duties of the same nature. The stipulations as contained in the advertisement and the Rules of 1973 in this regard have been put to contention in this writ petition; and the petitioner has claimed the following reliefs:- "A. Rule 6 of the 'Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Service (Second Amendment) Rules ­ 2013 may kindly be declared ultra vires up to the extant it provides exclusion of the candidate who are working with the institutions or centers other than the scheme of Chief Minister BPL Jeevan Raksha Kosh and National Rural Health Mission under government of Rajasthan. B. Hon'ble Court may be pleased to quashed and set- aside the condition provided in the guide lines for BASE OF SELECTION and exclusion of the employees who are working with the institutions or centers other than the scheme of Chief Minister BPL Jeevan Raksha Kosh and National Rural Health Mission under government of Rajasthan are also entitled for bonus marks proportionate to their service on the basis of experience. C. That the respondents may kindly be directed to extent the benefits of bonus marks to the petitioner by treating his working experience with the Lions Club in equal to the other candidate engaged in the government schemes mentioned in the notification dated 13.05.2013. D. Cost of the writ petition may kindly be awarded in favour of the petitioner. E. Any other appropriate writ, order or direction, which is in favour of petitioner, may kindly be passed." It has strenuously been argued by the learned counsel for the petitioner that when the respondents have provided for bonus marks on the basis of experience, there is no justification for differential treatment to the persons like the petitioner, who are working with any organization or project other than those referred in the Rules of 1973. According to the learned counsel, there is no intelligible differentia in treating different the candidates who are engaged in particular Government schemes from the other persons, who have effective and actual working experience; and the baseless differentiation has no relation with the object sought to be achieved. It is submitted that when the ultimate object in providing bonus marks is to make sure the availability of skilled persons, there is no justification or logic in making unnecessary classifications.
(3.) HAVING given anxious consideration to the submissions made and having examined the material placed on record, we are clearly of the view that this writ petition remains bereft of substance and does not merit admission.;