- (1.) Five writ petitioners have jointly preferred the instant writ petition assailing the validity of proviso-II to R.19 added vide Notification dt.06.02.2013 by the State Government in exercise of powers conferred by the proviso to Art.309 of the Constitution of India to amend the Rajasthan Medical & Health Subordinate Service Rules, 1965.
(2.) The present petitioners, as alleged, however there is no tangible evidence on record except of one petitioner Sandeep Vijay, appointed through placement agency as Multi-Purpose Worker (Male) and serving in the Government Hospitals and each of them has submitted his application form to participate in the process initiated by the respondents holding selection for the post of Nurse Gr.II, in terms of its advertisement dt.26.02.2013.
(3.) It is not the case of the petitioners that either of them is not eligible to participate in the selection process under the Rules, 1965. However, their grievance is that under proviso-II to R.19 which has been added vide Notification dt.06.02.2013, the benefit of bonus marks has been prescribed by the State Government to the length of experience of similar work discharged under the Government, National Rural Health Mission & Medi-Care Relief Society but that has not been extended to the petitioners and similarly situated persons who are serving as Multi-Purpose Worker engaged through placement agencies in the State Government and this according to them is discriminatory and violative of Art.14 of the Constitution.;