Kanhaiyalal Dadhich vs State Of Rajasthan And Ors

The instant writ petition has been filed by the petitioner seeking a direction to consider the experience certificate of the petitioner for the purpose of recruitment on the post of Lower Division Clerk (LDC) in pursuance of advertisement issued in the year 2013.

Counsel for the petitioner submitted that though the last date of submission of the form was 18.04.2013, however, the respondents have not considered the experience gained by the petitioner as per experience certificate dt.10.10.2016. Counsel submitted that the said experience certificate clearly provides that the petitioner had been working since 07.02.2011 and as such the respondents were at least required to count the experience of the petitioner upto the last date i.e. 18.04.2013.

Counsel further submitted that the respondents themselves have issued the order dt.05.03.2019 whereby they have decided to offer appointment to the persons against the vacant posts and as such suitable direction is required to be given to the respondents to take into account the experience gained by the petitioner for the purpose of bonus marks.

The respondents have filed reply to the writ petition and it has been averred by them that the petitioner is not entitled for bonus marks on the basis of experience certificate dt.10.10.2016, as it pertains to much after the period than the cutoff date i.e. 18.04.2013, as prescribed in the advertisement.

Counsel appearing for the respondents has submitted that the bonus marks to the petitioner could not have been extended as the petitioner has produced experience certificate of 10.10.2016.

I have gone through the pleadings and heard learned counsel for both the parties.

This Court finds that if the advertisement has prescribed for grant bonus marks and last date for submission of the form was fixed as 18.04.2013 and if the petitioner had worked as per experience certificate dt.10.10.2016, making it clear that the petitioner was working since 07.02.2011, the respondents ought to have taken into account the relevant period for the purpose of award of bonus marks and at least the petitioner was entitled for counting of his experience w.e.f.07.02.2011 upto the last date of receipt of application form i.e. 18.04.2013.

The petitioner become entitled for bonus marks for rendering two years service and as such the respondents have committed illegality in ignoring his experience only on account of date of certificate which is said to be issued in October, 2016.

This Court finds that the respondents are required to take into account the experience of the petitioner w.e.f. 07.02.2011 upto the last date and after award of bonus marks, his case is required to be considered for appointment, if the petitioner falls in the order of merit and direction of this Court be complied with by the respondents within a period of five weeks from the date of receipt of copy of this order.

Accordingly, the instant writ petition is disposed of.