Citation : 2023 Latest Caselaw 278 Raj
Judgement Date : 9 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18973/2022
1. Suraj Singh Ranawat S/o Shri Nand Singh, Aged About 31 Years, R/o Netawal Khera, Netawalgarh, Pachhli, Chittorgarh.
2. Abhishek Rao S/o Shri Ratanlal Rao, Aged About 28 Years, R/o Near Charbhuja Mandir, Chhapri, Tehsil Kapasan, District Chittorgarh.
3. Ashok Kumar Jeengar S/o Shri Raj Kumar Jeengar, Aged About 27 Years, R/o Station Gangrar, Ambedkar Circle, District Chittorgarh.
4. Arun Gelda S/o Shri Sohan Lal Gelda, Aged About 31 Years, R/o Near Samta Bhawan, Bhadesar, Chittorgarh.
5. Pappu Lal Dhakar S/o Shri Komal Chand, Aged About 32 Years, R/o 167, Laxmi Narayan, Bhagwan Mohalla, Bangreda, Mamadev, Chittorgarh.
6. Om Prakash Jaiswal S/o Shri Amrit Lal Jaiswal, Aged About 37 Years, R/o Aramachin, Bapu Nagar, Senthi, Chittorgarh.
7. Savita Manmiya D/o Shri Lal Chand Manmiya, Aged About 31 Years, R/o Kailash Nagar 2 D-72, Jk Cement Works Nimbahera, District Chittorgarh.
----Petitioners 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 (Pmo), Shri Sanwaliyaji Government General Hospital, Chittorgarh.
----Respondents
(2 of 3) [CW-18973/2022]
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 petitioners submits that
the petitioners are 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. 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 petitioners
are only entitled to experience certificate.
3. It is asserted that so far as petitioners' claim for getting
bonus marks is concerned, the same is premature, inasmuch as
the competent authority has not yet decided petitioners' 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 petitioners' right in
(3 of 3) [CW-18973/2022]
accordance with law, including the judgment rendered in the case
of Savita Manmiya (supra).
5. In case petitioners' claim for bonus marks is refused, they
shall be free to take appropriate legal remedy in accordance with
law.
6. Stay application too stands disposed of accordingly.
(DINESH MEHTA),J 146-A.Arora/-
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