Ravi Sharma vs State Of Rajasthan
2023 Latest Caselaw 279 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18360/2022

1. Ravi Sharma S/o Shri Gopal Lal Sharma, Aged About 26 Years, R/o M-16, Bundi Road, Ram Nagar, District Chittorgarh.

2. Om Prakash Salvi S/o Shri Ratan Lal Salvi, Aged About 26 Years, R/o Ward No. 11, Near Bus Stand, Gangrar, District Chittorgarh.

3. Shankar Lal Dhakar S/o Shri Kanhiya Lal, Aged About 34 Years, R/o Mukhy Gram Deopura, District Chittorgarh.

4. Manoj Sharma S/o Shri Mitthu Lal Sharma, Aged About 26 Years, R/o Quarter No. 2, Near Inani School, Segwa Housing Board, Senthi, District Chittorgarh.

5. Paridhi Purohit S/o Shri Chandra Prakash Purohit, Aged About 32 Years, R/o 17, Rama Vihar, Ward No. 46, District Bhilwara.

----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


For Petitioner(s)          :     Mr. Mahaveer Bishnoi
For Respondent(s)          :     Mr. K. S. Rajpurohit, AAG assisted by
                                 Mr. Shreyansh Mehta





                                          (2 of 3)                 [CW-18360/2022]


                     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

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.

(3 of 3) [CW-18360/2022]

6. Stay application too stands disposed of accordingly.

(DINESH MEHTA),J 123-A.Arora/-

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