Roshan Singh Bhandri & Ors. v. The State Of Rajasthan & Ors.

Jaishree Thakur, J.:— The present writ petition has been filed under Article 226 of the Constitution of India with the limited prayers, which are reproduced as under:-

“(i) The respondents be directed to consider the candidature of the petitioner for the Pharmacist in Medical & Health Subordinate Service Recruitment, 2013 while counting experience of the petitioner till the date of counseling.

(ii) The merit may kindly be prepared accordingly while counting experience of the candidates till date.

(iii) The cost of the petition may kindly be awarded to the petitioner and;

(iv) Any other order favourable to the petitioner may also be passed.”

2. Brief facts of the case are that an advertisement was issued by the Government of Rajasthan, whereby applications were invited for the post of Pharmacist and other posts in Medical and Health Subordinate Services Recruitment, 2013. The petitioner being eligible for the post, applied for District Jodhpur. As per condition No. 8 of the advertisement, bonus marks were to be awarded to those candidates who were working in Government Project. Being eligible, the petitioner applied for the post of Pharmacist and have been called for counseling. The contention of the petitioner is that the respondents should count the experience gained by the candidates till the date of counseling should also be taken into account instead of counting the experience of the candidates till the date of submission of the form.

3. I have heard the learned counsel for the petitioner and find that the above noted writ petition is devoid of all merits. An advertisement was issued on 27.2.2013 inviting applications from the eligible candidates to be appointed on the post of Pharmacist. In the said advertisement it was mentioned that the experienced candidates are entitled for bonus marks as per the provisions of the amended Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965. The cut-off date for the posts specified in the advertisement was 1.4.2013 Meaning thereby that the application along with all documents was to be submitted by the cut-off date and the eligibility of the said candidates would be as on the date of the application.

4. The contention that experience gained subsequently till the time of verification of the documents is devoid of any merit. The experience gained subsequent cannot be taken into account as the qualification and eligibility will be seen as it exists on the last date of application to be submitted.

5. With the above observations, the above noted writ petition is dismissed.