State of Rajasthan and Others vs Rajesh Dwivedi

This special appeal is preferred to question correctness of the judgment dated July 25th, 2013 in SB Civil Writ Petition No. 7429/2013. Suffice to mention that the petitioner approached this Court by filing a petition for writ for following reliefs:-

That action of the respondents while not considering experience of petitioner in Govt. School for the purpose of benefit of bonus marks in recruitment on the post of ''Education Assistant'' through direct recruitment 2013 in pursuance of notification dated 18.06.2013 (Annex-6) may kindly be declared illegal, unjust, arbitrary and contrary to Rules of 2013 and violative to Art. 14, 16 & 21 of the Constitution of India and be quashed and set aside.

The respondents may kindly be directed to consider the experience (Annex-7) of petitioner in Govt. School for the purpose of benefit of bonus marks and provide bonus marks accordingly in recruitment on the post of ''Education Assistant'' through direct recruitment 2013 in accordance with Rules of 2013.

Any other appropriate writ, order or direction which this Hon''ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

Writ petition filed by the petitioner may kindly be allowed with costs.

Learned Single Judge arrived at the conclusion that under Rule 16 of the Rajasthan Education Assistant Service Rules, 2013 and the Schedule appended thereto, there is no requirement of the experience for being appointed as educational assistant, as such, the grant of weightage in the form of bonus marks against service experience is impermissible.

We have considered this aspect of the matter in relation to the proviso to Rule 273 of the Rajasthan Panchayati Raj Rules, 1996 and Rule 23 of the Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998 in the reference made to us in SB Civil Writ Petition No. 4144/2013, Archana v. State of Rajasthan & Ors. We have already taken a view that irrespective of eligibility prescribed under the Rules, the State Government can prescribe fair weightage against service experience. As such, this appeal deserves acceptance. Accordingly, the same is allowed in the terms of the answer given in the reference referred above. Let SB Civil Writ Petition No. 7429/2013 be placed before learned Single Bench for adjudication of other merits of the case.