M.N. Bhandari, J. - (1.) This bunch of writ petitions raises common issues thus were heard and decided by this judgment.
(2.) The non -petitioners issued an advertisement dated 26.2.2013 for selection and appointment on the posts of Nurse Gr. II (GNM), Public Health Nurse and Female Health Worker (ANM). The petitioners submitted their applications and they were called for selection. The challenge to the selection is made now on various grounds which were formulated by this court in its order dated 11.12.2015 in CW 15961/2015. The issues so formulated are reproduced hereasunder - "i) Whether the actual marks of professional qualification would be counted or it would be minimum passing marks required in the subject, if passed after taking attempts. ii) Whether the experience of the candidates would be counted after issuance of the certificate by Rajasthan Nursing Council though registration may have been transferred to other State where the petitioners have worked and gained experience. iii) Whether for determination of merit of the post of Nurse Gr.II, the qualification of M.Sc. (Nursing) and B.Sc. (Nursing) can be considered which according to the petitioners is not in consonance to the Scheduled appended to the rules. iv) The respondents would further clarify as to whether they would permit change of category of those candidates who had initially submitted the application form showing them to be of open category and thereupon submitted the application to change their category to OBC or other reserved category. v) The affidavit would further indicate as to whether a candidate of TSP would be entitled for consideration against the seat meant for ST because while preparing select list, candidate of TSP has secured higher marks than ST candidate and thereupon despite merit, would be excluded from the selection while giving appointment to lower meritorious candidate of ST category. vi) The affidavit would also incorporate that whether marks in Senior Secondary would also be taken into consideration for determination of merit. It would then go against Rule 19 of the Rules, as merit required to be prepared based on qualification given in the Schedule. In the schedule, qualification of Senior Secondary has not been shown as an essential qualification but is of GNM. vii) The other issue is as to whether while determining merit of those candidates who have undertaken Nursing Course from CBSE, their marks of First Year Examination taken by the private institution shall be added or it would be only those marks which have been awarded by CBSE being a body created under the statute and independently taking examination and awarding marks. viii) It would also be clarified that all those candidates who are within age at the time of contractual or temporary appointment in Government service would be treated to be within age for their selection or not."
(3.) Apart from the aforesaid issues, there are some more issues and, accordingly, are formulated as under - "i) Whether bonus marks can be awarded to a candidate who had undertaken experience of the post outside the State of Rajasthan? ii) Whether non -petitioners can reduce number of posts then initially determined and the advertised, without an order for reduction of the posts? iii) Whether while reducing the posts by bifurcating it for National Rural Health Mission (for short 'NRHM') and for the State service, benefit of bonus marks can be given to those reserved category candidates who had taken benefit while getting appointment against the posts under NRHM and, by virtue of which, now, the posts of open category would be reduced substantially on grant of bonus marks to the reserved category candidates taken experience under NRHM. iv) Whether the marks for determination of merit would be based on the percentage in the professional as well as academic qualifications or it would be on the actual marks secured by the candidate -;