MAHENDER KUMAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-9-100
HIGH COURT OF RAJASTHAN
Decided on September 02,2013

MAHENDER KUMAR Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (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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