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Rajasthan High Court · body

2015 DIGILAW 811 (RAJ)

Laxmi Narayan Acharya v. State of Raj.

2015-04-10

NIRMALJIT KAUR

body2015
ORDER The prayer in the present petition is for a direction to the respondents to consider the experience certificate dated 21.03.2013 issued by the Officer-in-Charge, ECHS Polyclinic, Jaisalmer, Rajasthan for the purpose of awarding bonus marks to the petitioner for the post of Nurse Grade-II. The petitioner completed the academic qualification and also passed the GNM Course and thereafter joined in the Ex-serviceman Contributory Health Scheme (ECHS) on 04.06.2008 and worked with the said Scheme till 06.03.2012. The Government of Rajasthan vide advertisement dated 26.02.2013 invited applications for the post of Nurse Grade-II against 15773 vacancies. The petitioner being qualified applied for the said post. He was called for counselling and verification of the said documents but was not selected. The petitioner was not granted bonus marks for experience on the ground that he does not have the experience of 'similar work' under the National Health Rural Mission (NRHM) or Medicare Relief Society as required under the relevant proviso to amended Rule 19. It is contended by the learned counsel for the respondents that Rule 2(f) of the Rajasthan Medical and Health Subordinate Service Rules, 1965 defines “Government and State” for the purpose of Rule 19 of the Rules of 1965 to mean Government of Rajasthan and the State of Rajasthan. Since the petitioner was working under the Central Government and not under the State Government of Rajasthan, the petitioner cannot claim equality with those who are working under the Government of NRHM or Medicare Relief Society for last so many years or so and therefore the experience certificate issued by ECHS which is a Central Government Scheme cannot be considered for the purpose of awarding bonus marks to the petitioner. Heard. While making amendment in Rule 19 of the Rajasthan Medical & Health Subordinate Service Rules, 1965, a proviso has been inserted for providing bonus marks on length of experience on similar work under the Government, National Rural Health Mission and Medicare Relief Society. The amendment of Rule 19 of the Rules of 1965 reads as under:- “4. Heard. While making amendment in Rule 19 of the Rajasthan Medical & Health Subordinate Service Rules, 1965, a proviso has been inserted for providing bonus marks on length of experience on similar work under the Government, National Rural Health Mission and Medicare Relief Society. The amendment of Rule 19 of the Rules of 1965 reads as under:- “4. Amendment of rule 19.-The existing provisos to rule 19 of the said rules, shall be substituted by following new provisos, namely:- “Provided that in case of appointment to the post of Pharmacist, merit shall be prepared by the Appointing Authority on the basis of marks obtained in qualifying 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, Chief Minister BPL, Jeevan Raksha Kosh, National Rural Health Mission and Medi Care Relief Society, AIDS Control Society, Institutes under Cooperative Department or Sahakari Upbhokta Bhandar. 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 the 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 Medi Care Relief Society. Provided further that the decision of the Commission or Appointing Authority, as the case may be, as to the eligibility or otherwise of a candidate, shall be final.” This Court in the case of Manohar Singh & ors. Vs. State of Rajasthan & ors. (S.B. Civil Writ Petition No. 3622/2013) decided on 29.04.2013 has specifically noticed that there is no distinction between the mode of appointment for getting the benefit of experience for the purpose of granting bonus marks and the only condition is that it should be “similar work”. Vs. State of Rajasthan & ors. (S.B. Civil Writ Petition No. 3622/2013) decided on 29.04.2013 has specifically noticed that there is no distinction between the mode of appointment for getting the benefit of experience for the purpose of granting bonus marks and the only condition is that it should be “similar work”. While allowing the bonus marks under the same amendment of Rule 19, it was held that the petitioners therein who were appointed through N.G.O./Placement agencies cannot be denied the benefit of bonus marks and observed:- “On one hand, the State Government is providing bonus marks for experience to those employees who were appointed by the Government in National Rural Health Mission and Medi Care Relief Society irrespective of mode of appointment and on the other hand, a complete denial is provided vide clause-7 of the order dated 11.3.2013 to the employees who were engaged other than NGO or placement agency. It is nowhere disputed by the respondents that the petitioners are performing the same duties but prayer made in this writ petition is vehemently opposed on the ground that appointment was not made by the State Government as per policy, therefore, those employees who were engaged through placement agency are not entitled for bonus marks. In the opinion of this Court, the argument of Dy. Govt. Counsel runs contrary to the amendment itself because in the amendment, the words 'similar work' is used and not mode 8 of appointment, therefore, bonus marks cannot be denied to the petitioners, who were appointed through NGO or placement agency and are performing the similar work, which is performed by the employees appointed by the Government. It is also required to be observed that welfare State is under constitutional obligation to grant equal opportunities to get bonus marks for experience while leaving the unnecessary hurdles for granting bonus marks in recruitment, if they were otherwise eligible.” The said judgment was upheld by the Division Bench of this Court vide Order dated 27.01.2014 passed in D.B. Civil Special Appeal (Writ) No. 281/2013 (State of Rajasthan & anr. Vs. Manohar Singh & ors.). Having heard the learned counsel for the parties, it is not disputed that the petitioner has all the qualifications as required for Nurse Grade-II. The only controversy involved in the matter is whether the experience under the Central Government can be considered while granting the bonus marks or not. Vs. Manohar Singh & ors.). Having heard the learned counsel for the parties, it is not disputed that the petitioner has all the qualifications as required for Nurse Grade-II. The only controversy involved in the matter is whether the experience under the Central Government can be considered while granting the bonus marks or not. The fact that the work under the ECH Scheme is similar to the duties of Nurse Grade-II working either under the State Government or NRHM Scheme is not disputed by the respondents. Moreover, nothing has been brought to the notice of this Court to say that there was any reservation on the basis of State for appointments on the post of Nurse Grade-II. In any case, the petitioner who was working as Nursing Assistant in ECHS was posted throughout in the State of Rajasthan i.e. at Jaisalmer. In fact, even as per Rule 19 of the Rules of 1965, the weightage has been given to the length of service for similar work under the Government, National Rural Health Mission and Medicare Relief Society. Both the Schemes are of the Central Government. Thus, the experience of the petitioner under ECH Scheme in which he was performing the same duties and that too in the State of Rajasthan at Jaisalmer cannot be ignored for the purpose of granting bonus marks. The petitioner has all the qualifications as required for a Nurse Grade-II i.e. Senior Secondary or its equivalent GNM Course or its equivalent qualification from institute recognized by Government and duly registered with Rajasthan Nursing Council. It is not disputed that the duties of the petitioner as Nursing Assistant in ECH Scheme was similar vis-a-vis Nurse Grade-II. Hence, a person working in the State of Rajasthan itself with ECH Scheme of the Central Government is fully covered by the proviso to Rule 19 of the Rules of 1965 reproduced above both on account of their work being similar in nature as well as the fact that the National Rural Health Mission and Medicare Relief Society are also the schemes of the Central Government. In view of the above, the present petition is allowed. The respondents are directed to grant bonus marks to the petitioner as per his entitlement for the experience certificate dated 21.03.2013 submitted by him. In view of the above, the present petition is allowed. The respondents are directed to grant bonus marks to the petitioner as per his entitlement for the experience certificate dated 21.03.2013 submitted by him. In case the petitioner is found to be in the merit, his candidature be accordingly considered for appointment to the post of Nurse Grade-II.