- (1.) Defects stand overruled.
(2.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: "i) Issue an appropriate writ, order or direction, in the nature thereof, thereby the respondents be directed to prepare the fresh final merit list/selection list by awarding 10 bonus marks for each year to the petitioners in pursuance of the order dated 29.11.2016 passed by the Hon'ble Supreme Court and clause 9.ii of the advertisement and give appointment to the petitioners on the post of Nurse Grade II, with all consequential benefits. ii) Issue an appropriate writ, order or direction, in the nature thereof, thereby, the respondents be directed to give 10 bonus marks to the petitioners for each year of experience. Iii) Issue an appropriate writ, order or direction, in the nature thereof, thereby the action of the respondent whereby they have given only 5 bonus marks and maximum 15 bonus marks while making merit list be declared illegal and the same be quashed and set aside. iv) Issue an appropriate writ, order or direction, in the lying vacant 4,745 posts are as per advertisement on dated 26.02.2013 for the fulfill. v) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner. vi) Cost of the writ petition be also awarded in favour of the petitioner."
(3.) Learned counsel for the parties agree that the controversy is covered by the judgment of this Court in Aslam and Ors. Vs. State of Rajasthan and Anr. (S.B. Civil Writ Petition No.1448/2017 decided on 17.01.2018), which reads as under:- "1. These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the leading case being S.B. Civil Writ Petition No.3697/2017: "It is, therefore, most humble prayed that this writ petition may kindly be allowed with cost and by an appropriate writ, order or direction; (i) the respondents may kindly be directed to revise the merit list of Female Health Worker (ANM) in pursuance of the advertisement dated 26.02.2013 (Annex.3) while granting the bonus marks in cap 30 marks as provided as per the Rule 19 and mentioned under Para 8 of the advertisement. (ii) The respondents may kindly be also directed to prepare fresh merit list of Female Health Worker (ANM) in pursuance of advertisement dated 26.02.2013 (Annex.3) in light of the judgment of Hon'ble Supreme Court while granting bonus marks in cap of 30 marks. (iii) the respondents may kindly be further directed if petitioners found eligible and stands in merit list then they may be given appointment on the post of Female Health Worker (ANM) from the date which other similarly situated candidates were given appointment with all consequential benefits. 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 petitioners. Cost of the writ petition may kindly be awarded to the petitioners." 2. Learned counsel for the parties are not in a position to refute that the present case is squarely covered by the decision passed by this Court in the matter of Prithviraj and Ors. Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No.14942/2017), which reads as under: "1. These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the leading case being S.B. Civil Writ Petition No.14942/2017. "It is, therefore, most humble prayed that this writ petition may kindly be allowed with cost and by an appropriate writ, order or direction; (i) the respondents may kindly be directed to revise the merit list of Nurse Grade-II in pursuance of the advertisement dated 26.02.2013 (Annex.3) while granting the bonus marks in cap of 30 marks as provided as per the Rule 19 and mention under para 8 of the advertisement. (ii) The respondents may kindly be also directed to prepare fresh merit list of Nurse Grade-II in pursuance of advertisement daed 26.02.2013 (Annex.3) in light of the judgment of Hon'ble Supreme Court while granting bonus marks in cap of 30 marks. (iii) the respondents may kindly be further directed if petitioners found eligible and stands in merit list then they may be given appointment on the post of Nurse Grade-II from the date which other similarly situated candidates were given appointment with all consequential benefits. 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 petitioners. Cost of the writ petition may kindly be awarded to the petitioners." 2. The brief facts as noticed by this Court are that the petitioners are having qualification of General Nursing and Midwifery (GNM) and being registered in Rajasthan Nursing Council were aspiring for being recruited on the post of Nurse Grade-II. Vide notification dated 06.02.2013, the State Government amended Rule 19 of the Rules of 1965 and has inserted a proviso with regard to award bonus marks. The State Government in pursuance of the aforesaid notification dated 06.02.2013 has issued an order dated 27.10.2013. The said order dated 27.10.2013 as well as proviso to Rule 19 of the Rules of 1965 read as under: ...[VERNACULAR TEXT OMITTED]... "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 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 Medicare Relief Society." 3. The bonus marks was to be accordingly given and the State Government stipulated 10 bonus marks for a particular year and maximum 30 bonus marks for the experience. The advertisement dated 26.02.2013 inviting applications for the post of Nurse Grade-II Public Health Nurse and Women Health Worker which is Annexure-3 was initiated. The grievance of the petitioners is that while the advertisement read with Rule 19 required the respondents to extend 10 bonus marks for each year up to 30 bonus marks but the respondents have failed to do so. ;