- (1.) THE writ petition has been filed by the petitioner for direction to the respondents to modify Clause -11 of the notification dated 25.3.2013 (Annex.4) to the effect that the petitioner is entitled to get 20% weightage in place of 10% weightage.
(2.) THE grievance of the petitioner is that in pursuance of the advertisement dated 25.3.2013, an application was filed by the petitioner for appointment on the post of Account Assistant. In the advertisement, bonus marks are provided for the services rendered by the candidates in various schemes of the Government. As per petitioner, he worked as Accounts Assistant in the Mahatma Gandhi Narega Project and a certificate was also issued in his favour on 19.3.2013 whereby it was certified that the petitioner worked for one year and seven months and eight days but in the advertisement, 10 bonus marks is provided for one year experience and 20 bonus marks for two years service and the petitioner worked for more than one and half year, therefore, in view of the judgment rendered by Hon'ble Supreme Court in case of Bhudev Sharma Vs. District Judge, Bulandshahar and Anr., the respondents are under obligation to give benefit of bonus marks after rounding up the year upto two years because he worked for one year and seven months and eight days, therefore, direction may be issued to the respondents to modify Clause -II of the notification dated 25.3.2013 (Annex.4) and grant 20 bonus marks for the service period of one year and seven months and eight days.
(3.) AFTER hearing learned counsel for the parties, it emerges from the facts that the controversy with regard to grant of bonus marks is pending before Hon'ble Supreme Court and Coordinate Bench of this Court in identical controversy passed an order on 07.11.2013 in SB Civil Writ Petition No.4144/2013 (Archana Vs. State of Raj. & Ors. that for the grievance of experience the petitioner may file representation before the respondents and respondents are directed to decide the representation strictly in accordance with law. It is also made clear in the order that after the judgment of Hon'ble Supreme Court in SLP bearing No.32008 -32009/2013 (State of Rajasthan & Ors. Vs. Archana), if Hon'ble Supreme Court decides that bonus marks are permissible then the petitioner will be entitled to get benefits of bonus marks strictly in accordance with law. The operative part of the order dated 07.11.2013 passed in SB Civil Writ Petition No.4144/2013 by Coordinate Bench of this Court is as follows : - "1. The Division Bench in the present case upon a reference passed a detailed judgment running into 50 pages on 25.9.2013 regarding the issue of bonus marks and the summary of discussions as given by the Division Bench is reproduced below for ready reference : "As a consequent to the entire discussion above, our answers to the referred questions are as follows: - (1)The respondents can make recruitment to the posts in the services concerned even without conducting written examination; (2)Weightage in the form of bonus marks against service experience can be given while adhering the eligibility prescribed for various posts under the existing Rule 266 of the Rules of 1996 and there shall be no violation of Articles 14 and 16 of the Constitution of India in the event of extending weightage against service experience; (3)The respondents did not commit any wrong while extending weightage in the form of bonus marks against the service experience as per proviso to Rule 23 of the Rules of 1998 and such grant of weightage in no manner is in violation of Rule 15 of the Rules of 1998; (4)For providing bonus marks there is no need to make any amendment in the qualification prescribed in the Schedule appended with the Rules of 1998. (5)The grant of weightage in the form of bonus marks while making recruitment to the post in the services in question is not at all in contravention of the law laid down in the case of State of Karnataka v. Uma Devi (supra), and it is also not an effort to frustrate the law laid down in the case aforesaid; and (6)The grant of bonus marks to the extent of 30 marks is unjust, arbitrary and unfair, hence, 4 is declared illegal and is quashed. The State Government may grant the weightage in the form of bonus marks against service experience within the cap of 15 marks. With the answers above, let the writ petition i.e. SB Civil Writ Petition No.4144/2013, Archana v. State of Rajasthan and Ors., be placed before Single Bench for its adjudication on other merits of the case. DB Civil Special Appeal No.630/2013, State of Rajasthan and Ors. v. Archana and Anr.; SB Civil Writ Petition No.9780/2013, Virendra Ragwani v. State of Rajasthan and Ors.; SB Civil Writ Petition No.10236/2013, Ranveer Deharu and Ors. vs. State of Rajasthan and Ors., and DB Civil Writ Petition No.5583/2013, Nagendra Singh Chouhan v. State of Rajasthan and Ors., stand dismissed. (VIJAY BISHNOI), J. (GOVIND MATHUR), J." ;