Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 0]

Rajasthan High Court - Jaipur

Prakash Chand Rajpurohit S/O Ghanshyam ... vs The State Of Rajasthan on 17 January, 2023

Author: Sudesh Bansal

Bench: Sudesh Bansal

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR
               S.B. Civil Writ Petition No. 8064/2022

Prakash Chand Rajpurohit S/o Ghanshyam Singh, Aged About 31
Years, R/o Railway Phatak, Kalwa Road, Borawad District Nagaur At
Present R/o Plot No.1, Tatkaleshwarpuri, Hida Ki Mori, Ramganj,
Jaipur.
                                                                        ----Petitioner
                                       Versus
1.     The State Of Rajasthan, Through Principal Secretary, Ayurved
       And Indian Medicine Department, Government Of Rajasthan,
       Secretariat, Jaipur.
2.     The Director, Directorate Ayurved Department, Ashok Marg,
       Savitri Choraha, Ajmer.
3.     Dr. Sarvapalli Radhakrishanan Rajasthan Ayurved University,
       Jodhpur Through Its Registrar.
                                                                     ----Respondents

For Petitioner(s) : Mr. Poonam Chand Sharma For Respondent(s) : Ms. Srijana Sresth for Mr. C.L. Saini, AAG Mr. Vishesh Sharma HON'BLE MR. JUSTICE SUDESH BANSAL Order 17/01/2023

1. The writ petition under Article 226 of the Constitution of India has been filed seeking award of 30 bonus marks for experience gained by the petitioner while working in National Institute of Ayurveda, for the purpose of seeking appointment as Compounder in the recruitment process pursuant to advertisement dated 17.6.2021.

2. Counsel for petitioner submits that pursuant to advertisement dated 17.6.2021 for the post of Compounder, the petitioner being eligible candidate applied and with application Id No.1170117981 participated in the recruitment process. After scrutinizing during document verification, experience certificate of (Downloaded on 20/01/2023 at 12:01:21 AM) (2 of 3) [CW-8064/2022] petitioner having experience at the National Institute of Ayurveda has been rejected and he has not been awarded 30 bonus marks on the basis of his two certificates. Counsel submits that since the petitioner worked in the National Institute of Ayurveda on the post of Ayurveda Pharmacist and acquired two certificates on the basis of which he is entitled for 30 bonus marks. Counsel submits that when the candidature of petitioner was not considered he moved a representation dated 9.2.2022 stating that the petitioner acquired the experience in the National Institute of Ayurveda, an institution run by the Central Government, and since NIA and CCRAS both are institutions of Central Government and that since the NIA is an institute run by the Central Government and State Government, the petitioner's experience should be considered for awarding bonus marks. Counsel submits that since the petitioner has worked on the post of Ayurveda Pharmacist he is entitled for bonus marks and for appointment on the post of Compounder pursuant to advertisement dated 17.6.2021.

3. On service, respondents have filed reply to writ petition and submitted that the petitioner acquired the experience in National Institute of Ayurveda an institute run by the Central Government. While as per advertisement dated 17.6.2021 bonus marks were to be accorded to persons who work under National Health Mission run by Dr. Sarvapalli Radhakrishnan Rajasthan Ayurveda University, Jodhpur or any Ayush Project in the State of Rajasthan run by the Government of Rajasthan. In this regard notification was also issued on 12.6.2021. Since the petitioner gained his experience in any institute run by the Central Government he was not entitled for bonus marks in the State of Rajasthan. Counsel for respondents have submitted that petitioner secured only 45.77% (Downloaded on 20/01/2023 at 12:01:21 AM) (3 of 3) [CW-8064/2022] marks in EWS category while the cut-off is 52.13% and further the recruitment process pursuant to advertisement dated 17.6.2021 has already been completed, the petitioner is not entitled to any relief.

4. Heard. Considered.

5. A perusal of the material available on record indicates that the petitioner has not worked in the institute run by the State Government and bonus marks were to be awarded only to candidates who worked in the National Health Mission run by Dr. Sarvapalli Radhakrishnan Rajasthan Ayurveda University, Jodhpur or any Ayush Project run by the Government of Rajasthan. As such the claim of petitioner for bonus marks on the basis of two certificates, issued by the National Institute of Ayurveda run by the Central Government has no force and petitioner has no experience, as required to award bonus marks. As such the petitioner is not entitled for bonus marks and further the recruitment process pursuant to advertisement dated 17.6.2021 has already been completed.

6. Therefore, there is no force in the writ petition and the same is hereby dismissed. No costs.

7. Stay application and all pending application(s), if any, stand disposed of.

(SUDESH BANSAL),J NITIN /94 (Downloaded on 20/01/2023 at 12:01:21 AM) Powered by TCPDF (www.tcpdf.org)