Manoj Kumar Sharma v. State & Ors.

These writ petitions have been filed by the petitioners contending that the respondents issued an advertisement dated 26.02.2013 inviting application for recruitment on the post of Nurse Grade II. The petitioners are working on contract basis on the post of MPW in NVBDCP under the NRHM. The petitioners, being eligible, applied for the said posts. According to Condition No. 8 of the advertisement, 10% marks years wise were to be awarded to the contractual employees who are working under the Government Schemes, NRHM Mission and Medicare Relief Society and maximum 30% marks were to be given to the candidates under Rule 19 of the Rajasthan Medical and Health Subordinate Services(Amendment) Rules, 2013.

It is further contended that on 06.02.2013, the Department of Personnel has issued notification by which amendments were made in Rajasthan Medical and Health Subordinate Service Rules, 1965. As per the amendment made in Rule 19 of the Rules of 1965, merit shall be prepared by the appointing authority on the basis of marks obtained in qualifying as specified in the schedule appended to the 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, Chief Minister BPL Jeeval Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institute under Cooperative Department or Sahakari Upbhokta Bhandar. Reliance has been placed upon the decision rendered by the Co-ordinate Bench at Principal Seat in Manohar Singh v. State, S.B Civil Writ Petition No. 3622/2013 decided on 29.04.2013 wherein it was held that petitioners appointed through NGO/placement agency are entitled to bonus marks. It was held that welfare State was under Constitutional obligation to grant equal opportunities to get bonus marks for experience while leaving unnecessary hurdles for granting bonus marks in recruitment, if they were otherwise eligible.

Having regard to the facts afore-stated, the petitioners are required to approach Additional Director (Admn.), Medical and Health Services, Rajasthan, Jaipur by way of filing representation, who shall examine the aforesaid facts in the light of decision rendered by Co-ordinate Bench of this Court in the case of Manohar Singh, supra and decide the representation of the petitioners by speaking and reasoned order within a period of two months from the date of approaching of the petitioners along with copy of this order.

With the aforesaid direction, writ petitions are disposed of.