Arun Kumar Sharma And Ors. v. State Of Rajasthan & Ors.

By this petition for writ, the petitioner is seeking a direction for the respondents to allow him bonus marks for having experience as Pharmacist on a private medical shop. As per the petitioners, the respondents while making appointment to the post of Pharmacist are providing bonus marks to the persons who have worked with the Government, Chief Minister BPL Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institutes under Cooperative Department or Sahakari Upbhokta Bhandar.

As per proviso to Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter referred to as ‘the Rules of 1965’) bonus marks are allowed to the persons working with Government or its agencies. Alleging conscious and hostile discrimination it is submitted by learned counsel for the petitioners that the persons working with the Institutions referred in proviso to Rule 19 of the Rules of 1965 and the persons working at private chemist shop gains the same kind of experience and, therefore, no discrimination could have been made.

Heard.

At the first instance bonus marks are given to the Institutions referred in proviso to Rule 19 of the Rules of 1965 as a consequent to the statute. No challenge is given to the statute aforesaid. In absence of that no relief as prayed can be given. The writ petition, therefore, is dismissed.