Citation : 2021 Latest Caselaw 2080 Raj/2
Judgement Date : 25 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15083/2018
Rekha Bai D/o Mahadev Prasad Sharma, W/o Manish Kumar,
aged about 30 years, R/o Vikash Colony, Khairthal Road
Kishangarhbas, District Alwar, Rajasthan
----Petitioner
Versus
1.The State Of Rajasthan Through Its Secretary, Medical &
Health Department, Govt. of Rajasthan, Secretariat, Jaipur
2. The Additional Director (Administration), Medical & Family
Welfare Department, Rajasthan, Jaipur
3. The Chief Medical & Health Officer, Alwar
----Respondent
Connected With S.B. Civil Writ Petition No. 13798/2018
1. Sunita Sharma D/o Sh. Hariram, W/o Radhi Shayam Sharma age about 41 years, R/o Durana, Jhunjhunu, District Jhunjhunu (Raj.)
2. Sanju Kumari D/o Sh Khayali Ram W/o Sh Mahipal Singh Age about 34 years, R/o Village Lootoo, District Jhunjhunu (Raj)
3. Prem Kumari D/o Sh Dev Karan W/o Vijay Pal age about 33 years, R/o Village Daulatpura, Dist Jhunjhunu (Raj.)
4. Mamta Kumari D/o Sh Shiv Kumar W/o Arvind Dhingaria age about 34 years, R/o Village Dhingaria Teh Chirawa District Jhunjhunu (Raj)
----Petitioner Versus
1.The State Of Rajasthan Through Its Principal Secretary, Medical & Health Department, Secretariat, Jaipur
2. The Director, Medical and Health Services, Tilak Marg, C- Scheme, Jaipur, Rajasthan
3.The Additional Director (Administration), Medical & Health Services Tilak Marg, C-Scheme, Jaipur, Rajasthan
4. The Chief Medical & Health Officer, Jhunjhunu, Raj.
----Respondent
For Petitioner(s) : Mr. Dheeraj Palia Mr. Naveen Dhuwan For Respondent(s) : Mr. Harshal Tholia for Dr. V.B. Sharma
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 22/02/2021
Learned counsel for the respondents submits that the issue
involved in the present petitions stand finalized by the judgment
(2 of 2) [CW-15083/2018]
passed by the Division Bench of this court at Principal Seat
Jodhpur in State of Raj. & Anr. Versus Manohar Singh & ors. (D.B.
Civil Special Appeal (Writ) No. 281/2013) and connected appeal
decided on 27.01.2014 wherein held as under:-
In view of the judgement as rendered by the coordinate Bench of this Court at Principal Seat, Jodhpur, the petitioners in the present bunch of writ petitions are held entitled to be given the benefit of bonus marks on the basis of their experience certificates for the respective posts. The petitioners shall submit a copy of this judgement alongwith an application before the respondents mentioning the posts for which they have applied and the respondents shall consider the experience certificate and if the same is found to be in order, shall accordingly allot marks to the petitioners by adding bonus marks. The inclusion of the petitioners in the select list on the basis of addition of the aforesaid bonus marks would, however, be always subject to scrutiny of their experience certificate and even after appointment, if later on, it is found that the experience certificate submitted by them is in any manner having any mistake or is forged, the concerned incumbent would be given a show cause notice and thereafter his services can be dispensed with after examining reply.
Accordingly, these writ petitions of the petitioners stand
allowed in terms of the aforesaid judgment.
The judgment passed by this court in the case of Sunita Vs.
State of Rajasthan decided on 19.02.2020 upheld by DB shall
apply to the present cases also. Case of the petitioners shall also
be considered accordingly.
(SANJEEV PRAKASH SHARMA),J
ashu /28-29
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