ORDER 1. This order shall govern the disposal of WP No.5903/2024 and 7001/2024 as the common issue is involved in these petitions and for the sake of convenience, the facts have been taken from WP No.5903/2024. 2. This petition has been filed by the petitioners under Article 226 of the Constitution of India against the advertisement dated 14.2.2022 seeking the following reliefs:- 7.1) The petitioners may kindly be provided with the 3 % Bonus Marks in the examination as provided under the clause 6 (2) of the advertisement dated14.2.2022 by the respondents. 7.2) The merit list dated 22.2.2024 may kindly be set aside and respondents be directed to issue a fresh merit list with granting the just benefits as prescribed under law. 7.3) Any other relief which this Hon'ble Court may deem fit in the facts and circumstances of the case, may also be kindly granted in favour of the petitioner.” 3. The petitioners’ grievance is that despite being eligible to obtain the Bonus Marks as provided under Clause 6(2) of the advertisement dated 14.2.2022 for the post of Ayurved Medical Office\, they have not been given the said marks for their selection for the said post. The petitioners are also aggrieved by the merit list dated 22.2.2024, which is the result of Ayurved Medical Officer Examination 2021. 4. The facts of the case are that the petitioners are qualified Doctors having completed their B.A.M.S., i.e., Bachelor of Ayurvedic Medicine and Surgery, and are working as Community Health Officer (C.H.O.) under the respondent No.2 Ministry of Public Health and Family Welfare Department, and had applied for the post of Ayurved Medical Officer as advertised vide the advertisement dated 14.2.2022 in which, they have stated that they are the Community Health Officer. In the aforesaid examination, the petitioners also got good marks in the written examination as also in the interview, their interview call letters have also been placed on record, however, when the result was declared on 14.2.2022, no Bonus Marks as per Clause 6(2) of the advertisement dated 14.2.2022 were awarded to them and thus, when they came to know that they have not been awarded 3% Bonus Marks, and also that the other candidates who have been selected, have already been called for verification of their documents, this petition has been filed by them without any delay. 5. 5. Counsel for the petitioners has drawn the attention of this Court to Clause 6(2) of the advertisement dated 14.2.2022 to submit that the Bonus Marks are to be given to the persons who are posted as Ayush Medical Officer or have worked as Contractual Ayush Medical Officer. It is submitted that the petitioners though were posted as Community Health Officers were entitled to claim the aforesaid benefit of Bonus Marks as the qualification and the work experience of Community Health Officers and Ayush Medical Officers is identical as the petitioners are assigned the same duties and responsibility as are assigned to Ayush Medical Officers working in C.H.C./P.H.C./R.B.S.K./N.R.H.M. Counsel has also submitted that the case of the petitioners is squarely covered by the order passed by the coordinate Bench of this Court at Jabalpur in the case of Dr. Virendra Agrawal v. M.P. Public Service Commission in WP No.5051/2024 dated 7.3.2024 wherein also an identical condition was involved. 6. Counsel for the respondent/State has opposed the prayer and it is submitted that no case for interference is made out as the decision relied upon by the counsel for the petitioner in the case of Dr. Virendra Agrawal (supra) is distinguishable for the reason that in the aforesaid case, the petitioner was already working as Contractual Ayurvedic Medical Officer whereas in the present case, the petitioners are Community Health Officers. Counsel has also submitted that the order passed by the coordinate Bench of this Court in the case of Dr. Virendra Agrawal (supra) is already challenged by the State before the Division Bench, however, the same is still pending. However, the State has neither obtained the instructions as directed by this Court on 15.3.2024 nor filed any reply to rebut the contentions of the petitioners, this is despite the fact that even on 25.4.2024, the matter was adjourned as a last indulgence. 7. Counsel for the respondent/MPPSC, who has also filed a detailed reply has also opposed the prayer, however, it is submitted that they are governed by the policy made by the State Government only, and since the State Government had prescribed the qualification to be Ayush Medical Officer, the petitioners’ claim that they should also be treated at par with Ayush Medical Officer cannot be allowed. 8. Heard. 9. 8. Heard. 9. On perusal of the record, it is found that by way of interim measure, this Court on 4.3.2024 had passed the following interim order:- “Learned counsel for the petitioners has submitted that he has already furnished a copy of the petition to Shri V.P. Khare, learned counsel for the PSC. In such circumstances, let the matter be listed in the next week. Considering the fact that the verification of the documents would commence from tomorrow only, it is directed that any appointment shall be made subject to final outcome of this petition.” 10. Thus, the petitioners have already been granted an interim relief that any appointment made shall be subject to the final outcome of this petition. 11. Having considered the rival submissions and on perusal of Clause 6(2) of the advertisement, it is found that the dispute revolves around Clause 6(2) of the advertisement which reads as under:- **N% lafonk ij dk;Zjr fpfdRldksa gsrq fo’ks"k mica/k%& 01 - - - - - - 02 lafonk dfeZ;ksa dks cksul vad dk izko/kku%& e/; izns'k ds fdlh 'kkldh; fpfdRlky;@ih-,p-lh-@lh-,p-lh-@vkS"kèkky;@fdlh 'kkldh; miØe esa lafonk ds vk/kkj ij vk;q"k fpfdRld ds in ij dk;Zjr ;k iwoZ eSa dk;Zjr jg pqds] lafonk vk;q"k fpfdRld dks vuqHko ds vk/kkj ij vk;ksx }kjk mDr in gsrq vk;ksftr dh tkus okyh fyf[kr ijh{kk ds vafre fu/kkZfjr iw.kkZad ds 3 izfr'kr vad izfro"kZ ds Js.khokj U;wure mRrh.kkZad gsrq mDr cksul vad laxf.kr ugha \\\ fd, tk,axsA ? cksUkl vad fyf[kr ijh{kk esa mRrh.kZ vH;fFkZ;ksa ds izkIr vadksa esa tksMs+ tk,axsA fyf[kr ijh{kk esa izkIr vadksa ,oa cksul vadksa ds ;ksx ds xq.kkuqØe ds vkèkkj ij vH;fFkZ;ksa dks lk{kkRdkj gsrq vkeaf=r fd;k tk,xkA ? vafre p;u&lwph fyf[kr ijh{kk esa izkIr vadksa] cksul vadksa ,oa lk{kkRdkj esa izkIr vadksa ds ;ksx ds xq.kkuqdze ds vk/kkj ij ?kksf"kr dh tk,xhA** 12. vafre p;u&lwph fyf[kr ijh{kk esa izkIr vadksa] cksul vadksa ,oa lk{kkRdkj esa izkIr vadksa ds ;ksx ds xq.kkuqdze ds vk/kkj ij ?kksf"kr dh tk,xhA** 12. A perusal of the aforesaid condition clearly reveals that it provides for Bonus Marks to be provided to a candidate who is posted as Ayush Chikitsak or who have worked as Contractual Ayush Chikitsak, however, so far as the educational qualification is concerned, it provides as under:- vgZrk % vfuok;Z 'kS{kf.kd vgZrk % ¼d½ fof/k }kjk LFkkfir fo'ofo|ky; ls vk;qoZsn esa lh-lh-vkbZ-,e- }kjk ekU; Lukrd mikf/k] vU; vgZrk ¼[k½ e-iz- jkT; esa fof/k }kjk LFkkfir vk;qosZfnd@;wukuh cksMZ esa LFkk;h iath;u Vhi%& Lukrd vafre o"kZ dh ijh{kk esa 'kkfey gksus okyk vkosnd Hkh vkosnu djus dk ik= gksxk] c'krZs mls vk;ksx dks lk{kkRdkj esa lfEefyr gksus ls iwoZ visf{kr vgZrk ¼baVuZf'ki izek.k&i= lfgr½ vftZr djus dk lcwr nsuk gksxkA Vhi%& vH;fFkZ;¨a dks vk;ksx }kjk fyf[kr ijh{kk ifj.kke esa fu/kkZfjr vfHkys[k izLrqrhdj.k dh vafre frfFk rd viuh vgZrk ¼baVuZf'ki izek.k&i= lfgr½ rFkk vk;qosZfnd@;wukuh cksMZ esa LFkk;h iath;u ds izek.k&i= vfHkys[kksa ds lkFk izLrqr djuk vfuok;Z gksxk vU;Fkk mudh vH;fFkZrk lekIr ekuh tk,xhA jkstxkj iath;u & vH;fFkZ;ksa dk e/; izns'k jkT; ds jkstxkj dk;kZy; esa thfor iath;u gksuk vfuok;Z gSA 13. It is not disputed that the petitioners hold the requisite eligibility criteria which is also the eligibility criteria for the candidate holding the post of Ayush Medical Officer or who have worked as Contractual Ayush Medical Officer. Thus, the only question is whether the petitioners who are working as Community Health Officers can also be treated at par with Ayush Medical Officer. 14. This Court finds that in the absence of any reply by the State, distinguishing the aforesaid two points, it must be presumed that the post of Community Health Officer under the department of Public Health and Family Welfare is akin to that of Ayush Chikitsak as provided under Clause 6(2). 15. It is also found that so far as the appointment of the petitioners as Community Health Officer is concerned, its terms and conditions also include providing the medical services to Sub Health Centre and Development Block, one such order is filed on record as Annexure P/2 dated 19.8.2020 of Dr. 15. It is also found that so far as the appointment of the petitioners as Community Health Officer is concerned, its terms and conditions also include providing the medical services to Sub Health Centre and Development Block, one such order is filed on record as Annexure P/2 dated 19.8.2020 of Dr. Jeewan Singh Choudhary petitioner No.1 and its first condition reads as under:- **1- dE;qfuVh gsYFk vkfQlj dh inLFkkiuk mi LokLF; dsUnz ij lEiw.kZ izkFkfed LokLF; lsok;sa iznk; djus gsrq dh xbZ gSA vkoafVr mi LokLFk dsUnz esa ftyk@fodkl[kaM ij dksbZ ifjorZu ugh fd;k tk ldsxkA** 16. In view of the same, it cannot be said that the work of the petitioners who were posted to provide primary health services would be different from the Ayush Doctors who are also appointed at the primary health centres. 17. In view of the same, the petitions stand allowed, the respondents are directed to grant 3% Bonus Marks to the petitioners and issue fresh merit list within a period of six weeks from the date of receipt of certified copy of this order. 18. Original order be kept in WP No.5903/2024 and a copy of the same be placed in W.P. No.7001/2024.