JUDGEMENT
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(1.) IN this writ petition, the petitioner has prayed for
following relief :
"(a) by an appropriate writ, order or direction, the Notice inviting application for filling up the vacant posts Nurse Gr.II in regular manner may kindly be quashed and set aside as the same does not provide selection and appointment to the candidates like the petitioner, who are not having experience to get the bonus marks. (b) by an appropriate writ, order or direction, the benefits of bonus marks extended to those candidates who are having experience may kindly be quashed and set aside and the respondents may kindly be directed to made selection and appointment by way of conducting competitive written examination. (e) Any other appropriate order or direction, which this Hon'ble Court deem just and proper be passed in favour of the petitioner. (f) Costs of this writ petition may kindly be allowed to the petitioner."
(2.) THE main contention of learned counsel for the petitioner is that the provision for providing bonus
marks to the candidates having experience on
different posts is violative of Article 14 of the
Constitution of India, so also, appointment cannot be
made on the posts of Nurse Grade II while granting
bonus marks up to 30 marks for three years'
experience 10 marks for each year. It is also
submitted that the respondents are going to make
recruitment in pursuance of the advertisement dated
26.02.2013 while giving complete good bye to the procedure laid down in the Rajasthan Medical & Health
Subordinate Service Rules 1965.
During the course of arguments, learned counsel for the petitioner invited my attention towards the
procedure for direct recruitment enumerated in Part
IV of the Rules of 1965. Rule 16 deals with inviting
applications. Under Rule 17 there is provision for
form of applications. Under Rule 18, fee is prescribed
and under Rule 19 of the Rules of 1965 there is
provision for scrutiny of applications.
(3.) ACCORDING to learned counsel for the petitioner, under Rule 19 of the Rules of 1965, the Commission
or the appointing authority, as the case may be, shall
scrutinise the applications received by them/it and
require as many candidates qualified for appointment
under these rules as seem to them/it desirable to
appear before them/it for interview. The said
provision is still in existence but, without any
interview, the respondents are going to make
appointment on the posts enumerated in the Schedule
including the posts of Nurse (Grade II) while giving
30 bonus marks to the candidates having experience of work up to 3 years on different posts under
different schemes and projects of the State
Government upon similar work.;
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