Rajasthan High Court - Jodhpur
Manju Kumari Katadia vs State Of Rajasthan ... on 22 February, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/005947]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3017/2023
Manju Kumari Katadia W/o Rajesh, Aged About 31 Years, 181,
Badala Phala, Parel, Dhariawad, Parel, Pratapgarh, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretariat,
Department Of Medical And Health Services, Jaipur,
Rajasthan.
2. The Director, Rajasthan State Health And Family Welfare
Institute, Jaipur, Rajasthan.
3. The Director (Non Gazetted), Department Of Medical And
Health Services, Jaipur, Rajasthan.
4. Additional Director (Administrative), Department Of
Medical And Health Services, Jaipur, Rajasthan.
5. Joint Director, Department Of Medical And Health
Services, Zone Udaipur, Rajasthan.
6. The Chief Medical And Health Officers, District Pratapgarh,
Rajasthan.
----Respondents
For Petitioner(s) : ---
For Respondent(s) : Mr. KS Rajpurohit, AAG a/w
Mr. Shreyansh Mehta
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/02/2023
Learned Additional Advocate General fairly submits that the
controversy involved in the present petition is no more res-
integra, as it is decided by this Court in the matter of Lala Ram
Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition
No.19677/2022), decided on 05.01.2023, the operative portion
of which reads as follows:-
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"10. Heard learned counsel for the parties and the
Joint Director.
11. In a bid to ward off inconvenience and hardship to
the candidates and in order to expedite and streamline
the process of issuing experience certificate, it is
deemed expedient and hence ordered that:-
(i) Henceforth, the candidates will be required to
submit their application forms in two copies, out of
which one copy will be returned to the candidate with
a receipt with date and seal by the officials of the
concerned CMHO.
(ii) All the candidates will be required to submit a copy
of the experience certificate, issued by the concerned
agency/NGO/ respective authorities while submitting
application for experience certificate.
(iii) All the candidates who have applied for issuance
of experience certificate by 12.01.2023, will be issued
experience certificates in prescribed proforma in
accordance with law, as early as possible, latest by
16.01.2023.
(iv) The experience certificate will be issued on the
basis of experience gained and duties (name of
post/job) discharged by the candidates, regardless of
their opinion about concerned candidates' entitlement
for bonus marks.
(v) All the candidates will be permitted to submit their
online application form (upto the last date) with the
claim of bonus marks, even without uploading the
experience certificate.
(vi) After the process of submitting online application
form is over, the recruiting authority will open the
window/website at least for a period of seven days
and permit the candidates to amend/modify their
application form (if required) and allow the candidates
to upload the experience certificate whose certificates
will be issued after 16.01.2023.
(vii) Considering the judgments of this Court rendered
in the case of Mahipal Lakhera Vs. State of Raj. & Ors.
S.B. Civil Writ Petition No.2577/2020 decided on
11.01.2021 and Sanwar Mal Saran & Ors. Vs. State of
Rajasthan & Ors. : S.B. Civil Writ Petition
No.12080/2018, decided on 28.08.2018, it is directed
that the candidates who have worked in 108
Ambulance and Mobile Medical Units will apply for
experience certificate with copies of their earlier
experience certificates issued in the year 2013/2018.
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[2023/RJJD/005947] (3 of 3) [CW-3017/2023]
The concerned CMHOs will accordingly verify them and
issue experience certificate in the new format,
considering the judgments rendered in the cases of
Mahipal Lakhera (supra) and Sanwar Mal Saran
(supra).
(viii) The CMHOs concerned shall confine themselves
to issue experience certificate after verifying the facts
regarding experience gained on a particular post,
without bothering themselves about candidate's
eligibility/ entitlement for a particular post and/or
bonus marks. They will obviously examine the actual
work performed by the candidates.
12. Needless to observe that above directions have
been issued only for the purpose of issuing the
certificates. Mere grant of experience certificate will
not confer any right upon the candidates to claim
bonus marks. It will be open for the respondents to
verify the veracity and entitlement of individual
candidates on the basis of the experience gained,
nature of work performed and applicable law.
13. The Director (Non-Gazetted) shall issue a circular
and inform all concerned incorporating above
directions and all other requisite instructions within a
period of three days.
14. All the petitions so also stay petitions stand
disposed of accordingly.
15. Rights of the respondents to reject/refuse
experience certificate in appropriate cases shall stand
reserved and so shall remain the candidates' rights to
take legal recourse.
In light of the aforequoted order, the present writ petition as
well as stay petition are also disposed of on the same terms.
All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
152-Sudheer/-
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