- (1.) Heard learned counsel for the parties and perused the material available on record.
(2.) By way of the instant writ petition, the petitioner Rajendra Parihar has approached this Court assailing the action of the respondents in not issuing him an experience certificate in accordance with the work performed by him under the respondent no.4 and to give him advantage of 15% bonus marks in the recruitment process conducted by the respondent Medical & Health Services, Govt. of Rajasthan for appointment on the post of Nurse Grade -II under the notification dated 26.2.2013. The respondent Medical and Health Services, Government of Rajasthan, Jaipur issued the above notification for filing up 15773 posts of Nurse Grade -II, 200 posts of Public Health Nurse and 12278 posts of Woman Health Workers. As per the advertisement, the recruitment was to be made by assessment of marks obtained in the qualifying examination and bonus marks provided under Clauses 8 & 9 of the advertisement. Clauses 8 and 9 of the advertisement which are relevant and germane for deciding the controversy at hand are reproduced herein below for the sake of ready reference : - JUDGEMENT_8_LAWS(RAJ)6_2016.jpg JUDGEMENT_8_LAWS(RAJ)6_20161.jpg JUDGEMENT_8_LAWS(RAJ)6_20162.jpg JUDGEMENT_8_LAWS(RAJ)6_20163.jpg Thus, as per the above condition no.8, the aspirant who was having the requisite experience certificate was entitled to 10% bonus marks for each year's service with a maximum of 30% bonus marks for three years service experience. During the pendency of the recruitment process, the criteria of bonus marks was altered and it was decided vide communication dated 22.3.2015 that maximum of 15% bonus marks @ 5% each year, would be admissible to the aspirants.
(3.) The petitioner claims to have worked under the respondent no.4 Superintendent, Mahatma Gandhi Hospital, Jodhpur on contractual basis between 31.1.2010 to 28.2.2013. He approached the Superintendent for issuing an experience certificate of 3 years & 29 days service put in by him. However, the respondent no.4 issued certificate Annex.6 dated 13.3.2013 to the petitioner wherein, his work experience has been acknowledged for a period of 2 years 11 months 5 days only despite taking note of the fact that the petitioner worked at the hospital from 31.1.2010 to 28.2.2013. The petitioner has raised a grievance that the issuance of the erroneous certificate caused him a loss of 5% bonus marks, thus, depriving him from appointment in the questioned recruitment process. He served a legal notice to the competent authorities but they did not respond to the same. Upon this, the petitioner has approached this Court by way of this writ petition.;