No Bonus Marks For Work Experience In Absence Of Actual Physical Work: Rajasthan HC Rejects Claim Of Nurses Appointed After Revised Result

The Jodhpur bench of the Rajasthan High Court rejected a plea by nursing staff who sought bonus marks based on past experience–as given to their colleagues who were appointed in 2008–after noting that the former were appointed only in 2016 based on a revised recruitment result. In doing so the court said that allowing the petitioners claim, when they did not actually do any physical work, would set a wrong precedent as it would open all past recruitment decisions to challenge by persons who are adversely affected by it.This the court underscored would lead to chaos. Justice Arun Monga said, "Allowing the claim of petitioners for bonus marks without having physically worked, would set an unacceptable precedent where past recruitment decisions would be constantly challenged by the ones who would be adversely affected by the same, leading to administrative chaos. Therefore, being throughout available to work, they ought to get the notional benefit for the period they remained out of service.” In this light, the Court referred to the Coordinate bench's decision in Manisha Jangir v State of Rajasthan that dealt with a similar scenario wherein the petitioners' counter-part was selected in both the pre-revised and the revised results, and he was considered to be on a better footing that the petitioners who were selected only in the revised results.