- (1.) The Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter referred to as 'the Rules of 1965') have been framed by the Governor of Rajasthan to regulate recruitment and other service conditions relating to the Rajasthan Medical and Health Subordinate Services. The post of Nurse Grade -II is a post encadred under the Rules of 1965 and Rule 19 provides the procedure for direct recruitment to the post aforesaid. As per proviso to Rule 19, the persons having experience of work similar to the posts other than Pharmacists under the Government, National Rural Health Mission and Medi Care Relief Society are entitled for some weightage in the form of bonus marks. The proviso aforesaid reads as under: - "Provided that in case of appointment to the posts other than Pharmacist, which are not in the purview of the Commission, merit shall be prepared by the Appointing Authority on the basis of marks obtained in such qualifying academic examination or professional examination or both as specified in the schedule appended to these rules 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, National Rural Health Mission and Medi Care Relief Society."
(2.) A challenge is given to the grant of bonus marks under the proviso aforesaid alleging discriminatory on the count that the weightage in the form of bonus marks has been confined to the persons working with the Government, National Rural Health Mission and Medi Care Relief Society but not to the other persons though may have experience of similar work.
(3.) According to learned counsel for the petitioners the object of the recruitment to the post of Nurse Grade -II is to have most efficient and skillful persons in service and for that purpose weightage is given to the experienced hands. The experience gained in Government Hospitals, National Rural Health Mission or Medi Care Relief Society cannot be treated on any higher pedestal than the persons having similar work experience with other institutions including the Government Hospitals of other States. Suffice to mention that under the Rules of 1965 the 'Government' means the Government of Rajasthan. According to learned counsel for the petitioners the classification made among the persons on basis of their work place is in violation of Articles 14 and 16 of the Constitution of India which forbids any classification on basis of region. To substantiate the argument reliance is placed upon a Full Bench judgment of this Court in the case of Deepak Kumar Suthar & Anr. v/s. State of Rajasthan & Ors., reported in, 2000(1) WLC (Rajasthan) 1. In this case a Full Bench of this Court was examining the issue relating to extension of weightage in the form of bonus marks to the residents of rural area. The Full Bench held that the residents of rural areas as well as urban areas of the State of Rajasthan form one class, therefore, the grant of weightage to the residents of rural area is in violation of Articles 14 and 16 of the Constitution of India.;