DINESH MAHESHWARI, J. - (1.) THE petitioners said to be possessing the requisite qualification and eligibility; and having offered their candidature for the post of Pharmacist under the Rajasthan Medical & Health (Subordinate Service) Rules, 1965 ('the Rules of 1965') pursuant to the advertisement (Annex.1), have filed this writ petition stating grievance against the stipulation in the advertisement about grant of bonus marks only after the minimum experience of 1 year.
(2.) THE petitioners, who have allegedly worked as Pharmacist under Chief Minister's Free Distribution of Medicines Scheme with different Chief Medical & Health Officers for different length of time, but below 1 year, are aggrieved of the fact that they would not be given any bonus marks for not having the requisite minimum work experience of 1 year. This stipulation about the minimum experience of 1 year for the purpose of grant of bonus marks has been put to contention in this writ petition and the petitioners have claimed the following reliefs: "a. that the proviso of rule 19 of rule of 1965 and Notification issued there under (Annexure-1) to the extent of not providing Bonus Marks to those candidates like as present Petitioners, who have not completed one year's work experience but had experience of less than one year, consequently they are deprived from valuable rights of entitlement of Bonus Marks on the basis of their work experience may kindly be declared arbitrary, unjust, without any nexus, discriminative and unconstitutional as violative of Article 14, 16 and 21 of The Constitution of India and the same to the extent is required to declare ultra vires to the constitution of India and be struck down. b. That the Non-Petitioner may be directed to calculate and awarded Bonus Marks on the basis of Proportionate ratio by following pattern of The State of Andhra for filling up of 1208 Posts of Pharmacist. c. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favor of petitioner. d. cost of writ petition may be awarded in favor of the petitioner." Challenging the stipulation in question and the proviso to Rule 19 of the Rules of 1965, it has strenuously been argued by the learned counsel for the petitioners that when the respondents have taken services from the persons like the petitioners and have provided for bonus marks in the recruitment in question on the basis of experience, they ought to have provided for proportionate benefit with reference to the period of service rendered. It is submitted that total denial of any bonus marks for the services rendered below 1 year remains unconstitutional and deserves to be struck down. The stipulation contained in a notification dated 02.06.2011 (Annex.5), as issued by the Government of Andhra Pradesh, has also been referred to submit that the State of Andhra Pradesh is granting bonus marks in Medical Services on the basis of 6 months' experience. It is submitted that there is no reason that bonus marks, at least with reference to the period of service for 6 months, are not provided in the State of Rajasthan.
(3.) THE respondents on the other hand, contend that the rule in question has been amended under the notification dated 06.02.2013, which provides that the merit shall be prepared on the basis of the marks obtained in qualifying examination and such bonus marks, as may be specified by the State Government having regard to the length of experience on similar work under the Government, Chief Minister BPL Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institutes under Co-operative Department or Sahakari Upbhokta Bhandar. It is also submitted that on 27.02.2013, the Government issued directions for awarding of bonus marks; and the questioned stipulation in the advertisement is in accord with the directions so issued by the Government. It is submitted that the petitioners have sought reliefs contrary to the existing provisions of the rules; and have failed to show as to how the provisions made by the respondents suffer from any illegality or unconstitutionality.;