Citation : 2023 Latest Caselaw 276 Raj
Judgement Date : 9 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 161/2023
Anjali Jaiswal, Aged About 29 Years, R/o 168, Gandhi Nagar, Sector No. 1, Chittorgarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.
3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.
4. The Joint Director, Medical And Health Services, Zone Udaipur, District Udaipur.
5. The Principal Medical Officer, General Hospital, Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Mahaveer Bishnoi with Mr. Jayram Saran For Respondent(s) : Mr. K. S. Rajpurohit, AAG assisted by Mr. Shreyansh Mehta
JUSTICE DINESH MEHTA
Order
09/01/2023
1. Mr. Bishnoi, learned counsel for the petitioner submits that
the petitioner is not only entitled for issuance of experience
certificate having worked as Nursing Tutor-cum-Clinical Instructor
but also entitled for bonus marks as has been held by this Court in
the case of Savita Manmiya Vs. State of Rajasthan & Ors : SB
Civil Writ Petition No.2835/2020 vide order dated 16.02.2021.
(2 of 2) [CW-161/2023]
2. Mr. Rajpurohit, learned Additional Advocate General on the
other hand submitted that in light of the order dated 05.01.2023
passed by this Court in the case of Lalaram Vs. State of
Rajasthan & Ors : SB Civil Writ Petition No.19677/2022 so
also the circular issued by the State Government, the petitioner is
only entitled to experience certificate.
3. It is asserted that so far as petitioner's claim for getting
bonus marks is concerned, the same is premature, inasmuch as
the competent authority has not yet decided petitioner's right for
getting bonus marks on the basis of experience certificate or in
light of judgment of this Court in the case of Savita Manmiya
(supra).
4. The writ petition is disposed of in light of the judgment
passed by this Court in the case of Lalaram (supra) and the
respondents are directed to consider petitioner's right in
accordance with law, including the judgment rendered in the case
of Savita Manmiya (supra).
5. In case petitioner's claim for bonus marks is refused, she
shall be free to take appropriate legal remedy in accordance with
law.
6. Stay application too stands disposed of accordingly.
(DINESH MEHTA),J 178-A.Arora/-
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