Mahendra Kumar Meena vs State Of Rajasthan And Ors

The petitioner applied for the post of Lower Division Clerk pursuant to advertisement dated 28.03.2013. While furnishing his application for the post aforesaid, he claimed bonus marks on the basis of experience certificate dated 15.03.2013, which was issued for the work of Data Entry Operator; he had also worked as Panchayat Coordinator in Total Sanitation Campaign (TSC) Scheme, for which he possesses a certificate dated 31.05.2017.

Petitioner's claim for bonus marks for his work as Panchayat Coordinator was not accepted by the respondents, as a result whereof, the petitioner was not selected. Petitioner made numerous representations.

The issue, as to whether a person having worked as Panchayat Coordinator under the TSC scheme is entitled for bonus marks or not, was pending consideration at the level of State Government, as is evident from perusal of various correspondences (Dated 05.10.2018, 17.12.2018 and 04.01.2019) placed on record.

When no positive response came from the State Government, the petitioner approached this Court inter alia seeking a declaration that he is entitled for grant of bonus marks on the basis of his work as Panchayat Coordinator under TSC scheme.

After hearing contentions of rival parties, this Court on 16.12.2019 required the petitioner to place on record his work profile as Panchayat Coordinator.

While filing the rejoinder, the petitioner has catalogued his work profile, and given comparative responsibilities of Block Coordinator vis a vis Panchayat Coordinator.

Mr. Nikhil Dungawat, learned counsel for the petitioner argued that the work profile of the petitioner is identical to the work of Block Coordinator, who is indisputably entitled for bonus marks.

Learned counsel for the petitioner contended that if the Block Coordinators are entitled for bonus marks, then petitioner having worked under the TSC Scheme - a scheme run by the Panchayat Department, cannot be deprived of his right of bonus marks.

In response to the argument of the petitioner, learned counsel for the respondent-State argued that since the post of Panchayat Coordinator has not been mentioned in paragraph No.11 of the advertisement, the respondents were justified in refusing to award bonus marks to the petitioner. He submitted that the petitioner's claim for bonus marks was rejected on the basis of communication dated 21.04.2017, sent by the concerned Principal Secretary.

Respondents have denied bonus marks to the petitioner as 'Panchayat Coordinator' is not mentioned in para No.11 of the advertisement. It is not in dispute that Total Sanitation Campaign (T.S.C.) is a scheme of the State Government/Panchayati Raj Department and a Block Coordinator is entitled to bonus marks. A perusal of Rule 273 of Rajasthan Panchayati Raj Rules, 1996 reveals that a candidate working on the posts enumerated in such rule in MGNREGA or any other scheme of the Department of Rural Development & Panchayati Raj in the State is entitled to bonus marks. The advertisement in question stipulates bonus marks to Block Coordinator. The material placed by the petitioner establishes parity of the post of Panchayat Coordinator and Block Coordinator.

This Court finds that the duties assigned and discharged by the Panchayat Coordinator are identical to that of Block Coordinator. The petitioner has also worked under the Scheme sponsored by the State Government and, as such, there is no justifiable reason to deprive the petitioner of his right of claiming bonus marks.

In wake of the above discussion, the writ petition is allowed.

The respondents are directed to consider petitioner's experience certificate dated 31.05.2017 for his work as Panchayat Coordinator and award him appropriate bonus marks. In case, after awarding bonus marks, the petitioner falls in the merit list, he shall be accorded appointment on the post of Lower Division Clerk, if he is otherwise found eligible/suitable.

Needful be done within a period of eight weeks from today.

The petitioner shall not be entitled for any monitory benefits, however, his appointment shall notionally be made from the date, when person less meritorious than him were given appointment.

Stay petition also stands disposed of.