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4. The petitioner has pleaded that for award of bonus marks towards length of experience, an amendment was made by the State Government under the Rules of 1965 vide amendment Notification dated 06.02.2013, according to which, the candidates (25 of 42) [CW-11379/2019] who are working under the Government, NRHM and Medicare Relief Society are entitled for award of bonus marks.

5. The petitioner has pleaded that he was having an experience of one year, eight months and one day, of working on the post of Staff Nurse (which is equivalent to the post of Nurse Grade-II) in NRHM scheme in the District Narnaul, State of Haryana. The petitioner has pleaded that the experience certificate was issued to him by the competent authority of NRHM of the State of Haryana and as such, two years experience of working in a nationalized scheme, was included in Rule 19 for award of bonus marks.

6. The petitioner has pleaded that the respondent-employer published a list dated 17.06.2019 whereby they called the candidates for documents verification and the said list did not include the name of the petitioner despite having the experience of working of more than one year on the post of Staff Nurse in NRHM Scheme in the State of Haryana. The petitioner has pleaded that the respondent-employer has committed discrimination in award of bonus marks between the candidates working in the NRHM Scheme in the State of Rajasthan and in the States, other than State of Rajasthan. The petitioner has pleaded that after publication of the list excluding the name of the petitioner, he submitted objections/representation before the respondents, since no heed has been paid, the petitioner is constrained to file the present writ petition.

(26 of 42) [CW-11379/2019]

7. The petitioner has pleaded that the amendment Notification dated 06.02.2013, nowhere mentioned that benefit of experience was to be given to only those candidates who are working in the NRHM Scheme in the State of Rajasthan. The petitioner has also referred to an order dated 18.11.2013 passed by the Single Bench of this Court in S.B.Civil Writ Petition No.16545/2013 [Mahesh Kumar Yadav & Ors. Vs. The State of Rajasthan & Anr.] and other connected writ petitions, whereby this court has declared that the persons who are working in the NRHM Scheme irrespective of the State, will be eligible for award of bonus marks, as per Rule 19 of the Rules, 1965.

(27 of 42) [CW-11379/2019]

10. The respondents-State has filed reply to the writ petition. The respondents have denied that experience of the petitioner as having worked under the NRHM Scheme in the State of Haryana and same experience cannot be considered for granting bonus marks. The respondents have taken a plea that though the NRHM/NHM Scheme was launched by the Government of India, however, the same is managed individually at the State Level by different State Governments and every State has its own demographic conditions and requirements for improving health care needs and vulnerable diseases of its people. It is emphasized that the Government of Rajasthan is conducting various programmes for its employees working under the NRHM Scheme and therefore, the persons working in the State of Rajasthan, have complete knowledge of the need and requirements of health sector in the State of Rajasthan and they are entitled for preference in service in the form of weightage/bonus marks.