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Judgment
The lawyers are not working due to abstention of work.
Early hearing application is allowed. The matter is heard finally.
This writ petition under Article 226 of the Constitution of India has been preferred with the following prayers:-
“A. By an appropriate writ, order or direction, the condition No.11: Criteria for Selection, of the advertisement dated 14.02.2013 Annexure-2 may
be quashed and set aside to the extent of noninclusion of the post of Gramin Vikas Adhikari and said condition No.11 of the advertisement may kindly
be modified to the extent that the post of Gramin Vikas Adhikarimay be included.
B. By an appropriate writ, order or direction, therespondents may kindly be directed to consider the fresh Experience Certificate having regard to the
length of experience gained while working on the post of Gramin Vikas Adhikari in Aajivika Scheme for the purpose of bonus marks in the direct
recruitment in accordance with the advertisement dated 14.02.201.
C. By an appropriate writ, order or direction, therespondents may kindly be directed to award the petitioners bonus marks having regard to the length
of experience for the selection process to be held in pursuance of the advertisement dated 14.02.2013.
D. By an appropriate writ, order or direction, therespondents may kindly be directed to consider the petitioner’s candidature while granting him
bonus marks on the basis of his length of service/experience for the purpose of the selection process initiated in pursuance of the advertisement dated
14.02.2013.
E. By an appropriate writ, order or direction, therespondents may kindly be directed to afford the petitioner appointment on the post of LDC in
pursuance of the advertisement dated 14.02.2013 if otherwise they stands in merit.
F. Any other appropriate writ, order or direction,which this Hon’ble Court may deem just and proper in the facts and circumstances of the case
may kindly be passed in favour of the petitioner.
G. Writ petition filed by the petitioner may kindly beallowed with costs.â€
The petitioners present in person pointed out that the matter is squarely covered by the judgment passed by this Court in Anwer Hussain & Anr.
Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11345/2017, decided on 29.11.2017).
The said judgment reads as under :-
“1. This writ petition under Article 226 of the Constitution of India has been preferred with the following prayers:-
“A. By an appropriate writ, order or direction, the condition No.11: Criteria for Selection, of the advertisement dated 14.02.2013 Annexure-2 may
be quashed and set aside to the extent of noninclusion of the post of Office Assistant and said condition No.11 of the advertisement may kindly be
modified to the extent that the post of Office Assistant may be included.
B. By an appropriate writ, order or direction, therespondents may kindly be directed to consider the Experience Certificate of the Petitioner No.1 for
total 3 years 1 month and 15 days (Annexure5) and petitioner No.2 for total 1 year 7 month and 04 days (Annexure-6) having regard to the length
of experience gained while working on the post of Office Assistant in Aajivika Scheme for the purpose of bonus marks in the direct recruitment in
accordance with the advertisement dated 14.02.2013.
C. By an appropriate writ, order or direction, therespondents may kindly be directed to award the petitioners bonus marks having regard to the length
of experience for the selection process to be held in pursuance of the advertisement dated 14.02.2013.
D. By an appropriate writ, order or direction, therespondents may kindly be directed to consider the petitioner’s candidature while granting him
bonus marks on the basis of his length of service/experience for the purpose of the selection process initiated in pursuance of the advertisement dated
14.02.2013.
E. By an appropriate writ, order or direction, therespondents may kindly be directed to afford the petitioner appointment on the post of LDC in
pursuance of the advertisement dated 14.02.2013 if otherwise they stands in merit.
F. Any other appropriate writ, order or direction,which this Hon’ble Court may deem just and proper in the facts and circumstances of the case
may kindly be passed in favour of the petitioner.
G. Writ petition filed by the petitioner may kindlybe allowed with costs.â€
Mr.Manish Patel, learned Additional Government Counsel, at the outset, submits that the post in question has been included for the purpose of
granting bonus marks vide circular dated 01.06.2017, which is on record as Annexure-9.
Accordingly, the present writ petition is disposed of with the direction to the respondents to consider the experience certificates of the petitioners,
which are on record as Annexure-5 and 6 strictly in light of the circular dated 01.06.2017, which is on record as Annexure-9, within a period of
thirty days from the date of receipt of the certified copy of this order.â€
On careful examination, this Court finds that the order passed in the aforementioned matter was not contested by the respondents, while they
assured the Court that the respondents shall include the post in question for the purpose of granting bonus marks vide circular dated 01.06.2017.
Thus, the present petition is disposed of with a direction to the respondents to consider the experience certificate of the petitioner strictly in light of
circular dated 01.06.2017 within a period of 30 days from receipt of certified copy of this order.