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2015 DIGILAW 924 (RAJ)

KISHAN GOPAL SHARMA v. STATE OF RAJASTHAN

2015-04-24

SUNIL AMBWANI, VEERENDR SINGH SIRADHANA

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JUDGMENT 1. We have heard learned counsel appearing for the parties. 2. In these writ petitions, the petitioners have prayed for the direction to quash the amendment in the Rules notified on 09.05.2013, to the extent of preparing the merit list on the basis of the marks obtained in the qualifying examination, and further awarding maximum 30% bonus marks for experience. By prayer No.(ii), the petitioners have prayed to declare the advertisement dated 07.06.2013, to be illegal to the extent of preparing the merit list on the basis of the marks obtained in the qualifying examination and further awarding maximum 30% bonus marks for experience, and consequently to strike it down. 3. The petitioners have further prayed to prepare the merit list on the basis of the marks obtained in both the educational qualification and professional qualification. The petitioners have also prayed for reducing the bonus marks from 30% to 15%, in view of the Division Bench judgment of this Court at Principal Seat at Jodhpur, in S.B. Civil Writ Petition No.4144/2013-Archana Vs. State of Rajasthan, dated 25.09.2013, & other connected matters. 4. Learned Additional Advocate General has no objection to the prayer Nos.(i) and (iii), inasmuch as the selections are held strictly in accordance with the merit prepared on the the basis of the marks obtained in the examination, in which marks secured in the examination for professional qualification is to be counted, and that the bonus marks have been reduced from 30% to 15%, in view of the judgment of the Division Bench of this Court in Archana Vs. State of Rajasthan(supra), against which the State Government has withdrawn the Special Leave Petition in the Supreme Court. 5. So far as prayers Nos.(ii) and (iv) are concerned, it is submitted that in the selections, for the same post, under the Rajasthan Medical & Health Subordinate Service Rules, 1965 (for short, 'the Rules of 1965'), the marks for academic qualification, namely the Secondary Examination, and the professional qualification, namely the Diploma in Nursing, are counted in aggregate for selections. It is submitted that for the same post, under the the Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Subordinate Service Rules, 1966 (for short, 'the Rules of 1966'), a different criteria has been adopted, in which the marks obtained only in the professional examination of Diploma in Nursing, are to be counted. 6. It is submitted that for the same post, under the the Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Subordinate Service Rules, 1966 (for short, 'the Rules of 1966'), a different criteria has been adopted, in which the marks obtained only in the professional examination of Diploma in Nursing, are to be counted. 6. Learned Additional Advocate General submits that the selections for the same post, under the Rules of 1965, cannot be equated with the selections in the subject Rules of 1966. The selection, in case of employment in each department, is to be held by a separate set of statutory Rules Unless it is shown that application of the Rules is arbitrary and/or there is illegality or violation of the fundamental rights, in the method of selections, the method of selection for the same post in another department, even if it is for similar post, cannot be compared for claiming discrimination. 7. By the Notification dated 08.04.2010, for Compounder/ Nurse Junior Grade, the Rules of 1966 were amended, providing for three years' Diploma in Ayurved Nursing with internship from University of Rajasthan/ Rajasthan Ayurved University, for the purpose of selections under the Rules and in the advertisement the merit list is to be prepared on the basis of the marks secured in the Diploma Examination to the extent of 85%. The remaining 15% are to be awarded for experience, as bonus marks. 8. We do not find any illegality in adopting a criteria of award of marks upto 85% on the basis of the marks obtained in the three years' Diploma in Ayurved Nursing with internship from University of Rajasthan/ Rajasthan Ayurved University. 9. The nomenclature of the posts advertised, cannot be taken into consideration for the purpose of claiming discrimination if the selections are being made under a different set of statutory Rules, applicable to different services. In the Rules of 1965, the method provided to calculate the academic qualification and the professional qualification by clubbing them and providing for average, may not be adopted for the selections under the subject advertisement, which is under the Rules of 1966. 10. We do not find any hostile or invidious discrimination, or arbitrariness in preparing the merit list by providing selections for 85% marks in the examination for the qualifications prescribed, namely three years' Diploma in Ayurved Nursing with internship from University of Rajasthan/ Rajasthan Ayurved University. 11. 10. We do not find any hostile or invidious discrimination, or arbitrariness in preparing the merit list by providing selections for 85% marks in the examination for the qualifications prescribed, namely three years' Diploma in Ayurved Nursing with internship from University of Rajasthan/ Rajasthan Ayurved University. 11. The writ petitions are, accordingly, dismissed. 12. A copy of the order will be placed in all the connected files.