"11. As far as claiming equality and parity with other persons, belonging to para medical staff is concerned, it is true that in the recruitment of Nursing Officer, Pharmacist, Women Health Worker, Assistant Radiographer, Lab Assistant etc, the State Government has extended benefit of bonus marks to the candidates, whosoever have worked in the covid period, by virtue of and invoking the Rule 19 of the Rajasthan Health & Medical Subordinate Service Rules, 1965 (here in after for short "the Rules of 1965"), which permits to provide benefit of bonus marks, but as far as petitioners are concerned, they are claiming recruitment on the post of Medical Officer, which is being made under the Rules of 1963. In the Rules of 1963, learned counsel for petitioners do not dispute that there is no rule for providing benefit of bonus marks. Thus, in absence of any statutory rule in favour of petitioners, which indeed is available for the para medical employees under Rule 19 of the Rules of 1965, the case of petitioners for discrimination is not made out. In absence of having any legal right to claim the benefit of bonus marks, the action/inaction on the part of the State Authorities for not awarding bonus marks, may not be held as violative to Article 14 of the Constitution of India.
