Ritesh Rathore vs State Of Raj And Ors (2026:Rj-Jp:9839) on 6 March, 2026

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    Rajasthan High Court – Jaipur

    Ritesh Rathore vs State Of Raj And Ors (2026:Rj-Jp:9839) on 6 March, 2026

    [2026:RJ-JP:9839]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
                     S. B. Civil Writ Petition No. 15763/2017
    
    Ritesh Rathore S/o Shri Mohan Lal Rathore, aged about 33
    years, R/o Shri Nand Bhawan, Near Nagar Stone, Jhalawar Road,
    Baran, District Baran, Rajasthan.
                                                                              ----Petitioner
                                            Versus
    1.       State      of   Rajasthan          through        the        Chief   Secretary,
             Government of Rajasthan, Jaipur, Rajasthan.
    2.       Principal Secretary, Rural Development and Panchayat Raj
             Department, Government of Rajasthan, Jaipur.
    3.       Additional      Chief      Secretary,         Rural         Development    and
             Panchayati Raj Department (Panchayat Raj Elementary
             Education) Government of Rajasthan, Jaipur, Raj.
    4.       Additional       Commissioner              Rural        Development        and
             Panchayati Raj Department, Government of Rajasthan,
             Jaipur, Rajasthan.
    5.       Chief Executive Officer, Zila Parishad, Baran, Rajasthan
    6.       Chief Executive Officer, Zila Parishad, Kota.
    7.       Chief Executive Officer, Zila Parishad Jhalawar, Rajasthan.
    8.       Chief Executive Officer, Zila Parishad Bundi, Rajasthan.
    9.       District Tuber Closes Diseases Officer, Baran, Rajasthan.
                                                                           ----Respondents

    For Petitioner : Mr. Ram Rakh Sharma Advocate.
    For Respondents : Mr. Prateek Saxena Advocate on
    behalf of Mr. Kapil Prakash Mathur
    Additional Advocate General.

    HON’BLE MR. JUSTICE ANAND SHARMA

    SPONSORED

    Judgment

    06/03/2026

    1. The present writ petition has been filed by the

    petitioner challenging office order dated 11.08.2017 passed by the

    respondents cancelling experience certificate dated 05.06.2017

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    issued in favour of the petitioner and consequently, denying him

    the benefit of bonus marks in the recruitment process for the post

    of Lower Division Clerk pursuant to advertisement dated

    12.02.2013 issued under the Rajasthan Panchayati Raj Rules,

    1996 (hereinafter to be referred as ‘the Rules of 1996’). The

    petitioner has further prayed that the respondents be directed to

    grant him bonus marks on the basis of his experience and further

    to grant him appointment on the post of Lower Division Clerk with

    consequential benefits.

    2. The facts giving rise to the present writ petition, in

    brief, are that the petitioner passed the Secondary Examination in

    the year 2000 securing 54.17% marks and thereafter passed the

    Senior Secondary Examination in the year 2002 securing 53.54%

    marks. The petitioner thereafter obtained a certificate of Business

    Professional Programmer ‘O’ Level from DOEACC Society on

    08.04.2005. It is the case of the petitioner that he had been

    working as Data Entry Operator under the Revised National

    Tuberculosis Control Programme (RNTCP) through a placement

    agency, namely, M/s Porwal Placement, Baran and had joined

    duties on 01.12.2005. According to the petitioner, he continuously

    worked under the said scheme for a considerable period and the

    payments for his services were made through the placement

    agency.

    3. It is stated that the respondents issued advertisement

    dated 12.02.2013 for recruitment on the post of LDC as per

    amended Rule 273 of the Rules of 1996. Clause 11 of the

    advertisement deals with basis of selection, bonus marks and

    further lays down that for the purpose of preparing the merit list,

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    70% weightage shall be given to the marks obtained by the

    candidate in Senior Secondary Examination. The candidates, who

    had experience of working on different posts mentioned in the

    above clause (including Data Entry Operator) in different

    organisations and schemes referred in the said clause would be

    entitled for bonus marks in proportion to the years of experience

    of the respective candidates. For possessing experience of 1/2/3

    years, 10/ 20/ 30 bonus marks respectively, as the case may be,

    shall be awarded. Thereafter, final merit list shall be prepared by

    adding 70% marks obtained by the respective candidate in Senior

    Secondary Examination with the bonus marks for experience, if

    any. The petitioner also participated in the aforesaid recruitment

    process.

    4. The petitioner has placed on record various experience

    certificates issued by the competent authorities from time to time

    certifying that he had worked as Data Entry Operator under the

    RNTCP scheme. On the basis of the said experience, the Chief

    Executive Officer, Zila Parishad, Baran issued an experience

    certificate dated 05.06.2017 in favour of the petitioner certifying

    his experience for the purpose of grant of bonus marks in the

    recruitment process for the post of Lower Division Clerk pursuant

    to advertisement dated 12.02.2013 issued by the respondents.

    5. It is the further case of the petitioner that after

    obtaining the said experience certificate, he submitted a

    representation dated 03.08.2017 before the competent authority

    requesting that bonus marks be awarded to him on the basis of

    the experience certificate issued in his favour. However, the

    respondents vide order dated 11.08.2017 cancelled the said

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    experience certificate without issuing any show cause notice to the

    petitioner and without affording any opportunity of hearing.

    Aggrieved by the said action of the respondents, the petitioner has

    approached this Court by way of the present writ petition stating

    therein that in case bonus marks were awarded to him on the

    basis of such experience certificate, he would have secured proper

    place in the merit list entitling him for appointment.

    6. Learned counsel for the petitioner submits that the

    impugned action of the respondents is wholly arbitrary, illegal and

    violative of the principles of natural justice. It is argued that once

    the competent authority had issued an experience certificate in

    favour of the petitioner certifying the experience gained by him

    under the RNTCP scheme, the same could not have been cancelled

    without affording the petitioner an opportunity of hearing. Learned

    counsel submits that the cancellation of the experience certificate

    has the effect of depriving the petitioner of the benefit of bonus

    marks in the recruitment process and, therefore, the respondents

    were under a legal obligation to comply with the principles of

    natural justice before passing any adverse order.

    7. While relying upon office order/circular dated

    02.10.2010 issued by the Medical and Health Department and

    information furnished to the petition under Right to Information

    Act, 2005, learned counsel for the petitioner further submits that

    the petitioner had worked under the Revised National Tuberculosis

    Control Programme which forms part of the National Rural Health

    Mission (NRHM). It is contended that the NRHM scheme has been

    implemented in rural areas through Panchayati Raj Institutions

    and, therefore, the experience gained by the petitioner under the

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    said scheme is liable to be considered for the purpose of grant of

    bonus marks in the recruitment process conducted by the

    Panchayati Raj Department.

    8. Learned counsel for the petitioner has placed reliance

    upon the judgment of this Court in Neeraj Prasad Sharma vs.

    State of Rajasthan & Others (S.B. Civil Writ Petition No.

    6082/2017 decided on 04.05.2017) wherein Co-ordinate

    Bench of this Court held that persons working under the National

    Rural Health Mission Scheme in rural areas are entitled to grant of

    bonus marks for the experience gained by them while considering

    their candidature for recruitment to the post of Lower Division

    Clerk under the Panchayati Raj Department. It is, therefore,

    submitted that the issue involved in the present case is squarely

    covered by the said judgment and the petitioner is entitled to

    similar relief.

    9. Learned counsel for the petitioner has also indicated

    that vide orders dated 14.09.2017 and 25.10.2017 passed by the

    Co-ordinate Bench of this court on Misc. Applications filed in the

    present writ petition, an interim arrangement was made to the

    extent that the respondents were required to consider the

    experience certificate of the petitioner for the purpose of awarding

    bonus marks and to consider the petitioner for appointment.

    However, it was also directed that the appointment order shall not

    be issued without prior approval of this Court.

    10. Per contra, learned counsel appearing for the

    respondents has opposed the writ petition and submitted that the

    petitioner is not entitled for grant of bonus marks inasmuch as the

    scheme under which the petitioner had worked, namely the RNTCP

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    Scheme, is not a scheme run by the Panchayati Raj Department.

    It is submitted that the said scheme is directly run and monitored

    by the Medical and Health Department and, therefore, the

    experience gained by the petitioner under the said scheme cannot

    be considered for the purpose of awarding bonus marks in the

    recruitment process conducted by the Panchayati Raj Department.

    11. Learned counsel for the respondents further submits

    that the experience certificate issued in favour of the petitioner

    was scrutinised and upon seeking clarification from the Rural

    Development and Panchayati Raj Department, it was clarified that

    the benefit of bonus marks is to be granted only to those

    candidates who have worked in schemes run by the Panchayati

    Raj Department. It is, therefore, submitted that the experience

    certificate issued in favour of the petitioner was rightly cancelled

    in view of the said clarification and no illegality has been

    committed by the respondents.

    12. I have heard learned counsel for the parties at length

    and carefully perused the material available on record.

    13. From the pleadings and documents placed on record, it

    is not in dispute that the petitioner had worked as Data Entry

    Operator under the Revised National Tuberculosis Control

    Programme for a considerable period of time and the said fact had

    been duly certified by the concerned authorities. It is also not in

    dispute that the Chief Executive Officer, Zila Parishad, Baran had

    issued an experience certificate dated 05.06.2017 certifying the

    experience of the petitioner for the purpose of grant of bonus

    marks. However, the said certificate was subsequently cancelled

    vide order dated 11.08.2017.

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    14. At the outset, this Court finds that the impugned order

    cancelling the experience certificate has been passed without

    considering the relevant circulars and factual position that Revised

    National Tuberculosis Control Programme was part of NRHM

    scheme, which was given under the control of Panchayat Raj

    Department. Thus, ignoring the significant fact that the experience

    certificate issued in favour of the petitioner conferred upon him a

    valuable right to claim bonus marks in the recruitment process

    and the cancellation of the said certificate mechanically in

    ignorance of correct factual position adversely affected his

    prospects of selection. The action of the respondents in cancelling

    the certificate is, therefore, clearly arbitrary and causing prejudice

    to the petitioner.

    15. Apart from above, this Court also finds that the stand

    taken by the respondents with regard to the ineligibility of the

    petitioner for grant of bonus marks is not legally sustainable. The

    material placed on record indicates that the activities under the

    National Rural Health Mission at the district level were to be

    implemented through Panchayati Raj Institutions and the staff

    engaged for such activities were to function under the

    administrative control of the Panchayati Raj system in rural areas.

    16. This Court in the case of Neeraj Prasad Sharma

    (supra), after examining office order/ circular dated 02.10.2010,

    has already considered a similar issue and held that persons, who

    have worked under the National Rural Health Mission Scheme in

    rural areas, are entitled to grant of bonus marks for the

    experience gained by them. The relevant reasoning adopted in the

    said judgment makes it clear that the experience gained under the

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    NRHM scheme cannot be ignored merely on the ground that the

    scheme was initially administered by the Medical and Health

    Department, particularly when the implementation of the scheme

    at the rural level was undertaken through Panchayati Raj

    Institutions.

    17. It is settled proposition of law that State actions in

    matters of public employment must satisfy the test of fairness,

    reasonableness and non-arbitrariness as envisaged under Articles

    14 and 16 of the Constitution of India. Denial of bonus marks to

    the petitioner despite possessing valid experience under a rural

    development scheme would amount to discriminatory treatment,

    particularly when similarly situated candidates have been granted

    the benefit of such experience.

    18. In view of the above discussion, this Court is of the

    considered opinion that the impugned order dated 11.08.2017

    cancelling the experience certificate issued in favour of the

    petitioner is unsustainable in law and deserves to be quashed.

    19. Consequently, the writ petition is allowed. The

    impugned office order dated 11.08.2017 is, hereby, quashed and

    set aside. The experience certificate dated 05.06.2017 issued in

    favour of the petitioner shall be treated as valid for the purpose of

    grant of bonus marks in the recruitment process for the post of

    Lower Division Clerk pursuant to the advertisement dated

    12.02.2013.

    20. The respondents are directed to re-determine the merit

    of the petitioner after awarding him the admissible bonus marks

    for the experience gained by him. In the event the petitioner falls

    within the zone of selection after such recalculation, the

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    respondents shall issue an appointment order in favour of the

    petitioner on the post of Lower Division Clerk. However,

    considering the fact that the recruitment process relates to the

    year 2013 and the petitioner has not actually worked on the said

    post during the intervening period, the petitioner shall be entitled

    to notional seniority and notional benefits from the date

    candidates lower in merit were appointed, but he shall not be

    entitled to actual arrears of salary for the past period. The

    aforesaid exercise shall be completed by the respondents within a

    period of 60 days from the date of receipt of a certified copy of

    this judgment.

    21. Pending applications, if any, stand disposed of.

    (ANAND SHARMA),J

    MANOJ NARWANI /124

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