YOGENDRA SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-11-72
HIGH COURT OF RAJASTHAN
Decided on November 23,2017

YOGENDRA SINGH Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI, J. - (1.) Petitioner has preferred this writ petition under Article 226 of the Constitution of India praying for the following reliefs:- "It is, therefore, most humbly prayed that this writ petition may kindly be allowed with cost and :- 1. by appropriate writ, order or direction; the provisional select list dated 06.07.2017 may kindly be quashed and set aside and considered the candidature of the petitioner on the post of Compounder/Nurse Junior Grade in pursuance of the advertisement 2/2013 and provide appointment to the petitioners. 2. Further, by an appropriate writ, order of direction, the respondents may kindly be directed to provide 30 bonus marks for the experience for the more than three years service in the NRHM Scheme. 3. Pending the petition, if any order is passed or any action is taken prejudicial to the interest of petitioners, same may kindly be quashed and set aside. 4. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. 5. Costs of the writ petitions may kindly be awarded to the petitioner."
(2.) Learned counsel for the petitioner has drawn attention regarding the facts of appointment on the post of Compounder/Nurse Junior grade in Homeopathy Department while awarding appropriate bonus marks according to the advertisement No. 2/2013. The petitioner is seeking the original condition of bonus marks which was to be kept at 30 bonus marks as per the advertisement. The advertisement No. 2 of 2013 dated 16.08.2013 for the post of Compander/Nurse Junior Grade clearly stipulated 10, 20 and 30 bonus marks for 1, 2 and 3 years respectively.
(3.) The Division Bench of this Hon'ble Court in Gunjan Gaur v. State and Another D.B. Civil Writ Petition No. 12688 of 2013, D.B. Civil Writ Petition No. 10163 of 2013 Praveen Kumar and Others v. State and Others and D.B. Civil Writ Petition No. 10219 of 2013 Narensh Kumar v. State and Others passed on order dated 22.01.2014 whereby the 30 bonus marks were declared unconstitutional and directed the respondents to give 15 marks maximum as bonus marks. In compliance of the orders passed by Hon'ble Division Bench of this Court, the respondents have scaled down the maximum bonus marks 30 to 15 vide order dated 24.02.2015, thereafter in accordance with such scaled down bonus marks, the selection process commenced with and provisional select list has been made.;


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