The Rajasthan High Court stated that giving extra bonus marks to certain staff based on their district or posting location goes against the principle of equality.
The Rajasthan High Court ruled that giving extra bonus marks to a specific group of personnel based on their current location or district is against Articles 14, 15, and 16 of the Constitution. The Jaipur Bench made this decision in a series of Civil Writ Petitions concerning the question of whether candidates could receive 10 additional bonus marks for choosing their current posting location. Justice Anoop Kumar Dhand noted that awarding these bonus marks to a certain group creates inequality among equals and violates the Right to Equality. He stated that there is no connection between the 2023 Rules and the condition in the advertisement regarding the bonus marks in the written exam.
In this case, a challenge was raised against a condition in the advertisement from the Director of Secondary Education for hiring teachers in Mahatma Gandhi Government English Medium Schools, Swami Vivekanand Government Model Schools, and other Government English Medium Schools. The main legal question was whether giving extra bonus marks to these candidates infringes on the Fundamental Rights of other candidates under Articles 14, 15, and 16 of the Constitution. This context was essential for considering the issue.
The High Court, after considering the arguments from the lawyers, stated, “This Court firmly believes that the State must adhere to the rules designed for the benefit of the people. However, the State cannot create unfair classifications that lead to discrimination between individuals who are equal and in similar situations. All candidates applying for positions should be selected based on the same criteria outlined in the Rules. It is not justified to give extra bonus marks to a specific group of individuals.” The Court determined that giving bonus marks to personnel who choose to stay in a particular district, as stated in the advertisement, constitutes unfair discrimination.
“There is no valid reason for such preferential treatment based on the evidence presented to this Court. The reasons given for awarding 10 additional bonus marks, as mentioned in Condition No.9 of the advertisement, are either nonexistent or irrelevant and do not relate to the intended goal,” it continued. The Court also pointed out that the problematic part of the advertisement condition undermines merit without achieving its intended purpose, violating Articles 14, 15, and 16 of the Constitution of India. “Therefore, Condition No.9 of the advertisement dated 11.07.2024, regarding the awarding of 10 additional bonus marks, is declared illegal and unconstitutional,” it concluded. As a result, the High Court accepted the Writ Petitions and annulled the contested condition of the advertisement.
Cause Title: Mohan Lal Sharma & Ors. v. State of Rajasthan & Anr. (Neutral Citation: 2024:RJ-JP:44915)
