In a writ petition regarding selection for a Pharmacist post, the court examined the cut-off date for counting experience for bonus marks. Holding that fairness required a uniform date for applicants at different stages, the court upheld the choice of 28.02.2013 and dismissed the petition.
Writ petition and stay application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
S.B. Civil Writ Petition No.5306/2013
Deepak Kumar Goyal
Versus
State of Rajasthan & Ors.
DATE OF ORDER : 08/04/2013 HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Arvind Sharma, for petitioner
This writ petition pertains to selection to the post of Pharmacist. The bonus marks have been awarded towards experience. The issue is with regard to cut-off date for the purpose of experience.
Learned counsel submits that benefit of experience is to be given to each candidate as per Para 8 of the advertisement (Annexure-2). A candidate having experience would be entitled to 10 marks for each year with ceiling of maximum 30 marks. A Note is appended to the para to indicate that experience would be counted upto 28.02.2013 as application form is to be filled from 01.03.2013 onwards. It is stated that last date for submission of application form is 02.04.2013 thus experience should be counted till 02.04.2013. It is moreso when rules are silent for the cut-off date and otherwise for educational qualification, one can possess it on the last date of submission of application form thus discrimination is made on the aforesaid count.
I have heard learned counsel for petitioner and perused the record.
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The controversy is that upto what date one should get benefit of experience certificate. As per advertisement, benefit of experience should be upto 28.02.2012. The relevant para 8 of the advertisement is quoted hereunder for ready reference:
“8. अनुभव के आधार पर बोनस अंक :- राजस्थान िचिकत्सा एवं स्वास्�य अधीनस्थ सेवा िनयम 1965 यथा संशोिधत िनयम� के िनयम 19 म� उ�लेिखत �ावधान� के तहत अभ्यिथय� को बोनस अंक देय है।
(ii). . . . . . . . . . .
(iii). . . . . . . . . . .
(iv) . . . . . . . . . . .
(v). . . . . . . . . . . .
नोट: - अनुभव अविध की गणना इन पद� की इस भत� हेतु ऑनलाईन आवेदन �ार�भ होने की ितिथ 01.03.2013 के ठीक पूवर् िदवस 28.02.2013 तक की जावेगी।"
Perusal of para reveals that one would be entitled to bonus marks towards experience with ceiling of maximum 30 marks. The application form is to be filled from 01.03.2013 to 02.04.2013. In view of the above, the respondents have rightly kept 28.02.2013 as crucial date for the purpose of experience. I do not find any arbitrariness in the aforesaid because a candidate filling application form on 01.03.2013 can obviously be given experience certificate upto 28.02.2013 only. The cutoff date 28.02.2013 has been fixed logically. The issue of
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discrimination has been raised in reference to educational qualification. The last date for educational qualification is the last date of submission of application form. I do not find any discrimination on that count because for different qualifications or conditions, different dates can be fixed. It can be struck down only when it is found to be arbitrary otherwise Policy decision should not be interfered. For experience certificate, if application form is filled on 01.03.2013 or much before the last date then how experience can be allowed upto 02.04.2013 i.e. for subsequent date. If one submits form much prior to last date then experience certificate cannot be sought upto last date of submission of form. At the same time another candidate submits form on last date and allowed certificate accordingly then there would be different date for experience creating anomaly because all the candidates cannot be asked to submit form on the last date. To avoid aforesaid anomaly, the cut-off date for experience has rightly been fixed as 28.02.2013. In view of the above, I do not find any illegality in the conditions for experience certificate.
The writ petition is found to be devoid of merit hence dismissed. Stay application is also dismissed.
FRBOHRA/5306CWP2013.doc Certificate:
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
FATEH RAJ BOHRA, P.A.
2 issues framed by the court
Whether the arbitrary selection of 28.02.2013 as the cut-off date for experience to claim bonus marks violates equality of opportunity.
Whether the distinction between experience and educational qualification cut-off dates constitutes discrimination.
Deepak Kumar Goyal
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
