Rajasthan High Court - Jodhpur

Sangeeta Aichera vs State Of Rajasthan on 23 January, 2023

Bench: Dinesh Mehta

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 882/2023

Manjeet D/o Shri Krishan Kumar, Aged About 26 Years, R/o Ward No. 5, Malsisar, District - Hanumangarh.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Medical And Family Welfare, Government Of Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Bikaner.

4. The Chief Medical And Health Officer, Bikaner.

5. The Block Chief Medical And Health Officer, Dungargarh, District Bikaner.

6. The Block Chief Medical And Health Officer, Panchu, District - Bikaner.

----Respondents Connected with

S.B. Civil Writ Petition No. 886/2023

Saroj W/o Shri Ranveer And D/o Shri Onkar Mal, Aged About 28 Years, R/o Dhani Munimji, District Churu.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Medical And Family Welfare, Government Of Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Service, Zone Bikaner.

4. The Chief Medical And Health Officer, Bikaner.

5. The Block Chief Medical And Health Officer, Kolayat, District Bikaner.

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                                                                 ----Respondents

S.B. Civil Writ Petition No. 887/2023

Sangeeta Aichera W/o Shri Suresh, Aged About 28 Years, R/o Bachhwari, District Nagaur (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 Jodhpur, District Jodhpur.

5. The Chief Medical And Health Officer, Nagaur.

----Respondents

S.B. Civil Writ Petition No. 1045/2023

Sumit Pareek S/o Shri Ramesh Chandra Pareek, Aged About 32 Years, R/o 70, Hospital, Rajola Kalan, District - Pali.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Medical And Family Welfare, Government Of Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Service, Zone Barmer.

4. The Chief Medical And Health Officer, Barmer.

5. The Block Chief Medical And Health Officer, Ramsar, District - Barmer.

                                                                 ----Respondents




                                                 (3 of 7)                  [CW-882/2023]

S.B. Civil Writ Petition No. 1149/2023

Dhanraj S/o Shri Bhdu Ram, Aged About 29 Years, R/o Ward No. 6, Kesrisinghpur, Ganganagar, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Director, Department Of Medical Health Welfare, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Chief Medical And Health Officer, Sriganganagar.

3. Senior Medical Officer, Community Health Centre Kesrisinghpur, Sriganganagar, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Naresh Singh for Mr. Rakesh Arora Mr. Vijay Bishnoi, Mr. Narendra Singh Rajpurohit For Respondent(s) : Mr. K.S. Rajpurohit, AAG with Mr. Shreyansh Mehta

JUSTICE DINESH MEHTA

Order

23/01/2023

1. The present batch of writ petitions involve common

grievance and identical relief. Hence, they are being disposed of

conjointly by this Common order.

2. All the petitioners claim to have worked under the

Government or schemes being run by the Government on contract

basis or through placement agencies. All of them wish to apply for

the post of ANM, Lab Technician and Assistant Radiographer

advertised by the respondents by recruitment notification dated

15.12.2022.

3. The terms of the advertisement and relevant Rules provide

for bonus marks to eligible candidates on the basis of experience

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gained on prescribed conditions and for the purpose of claiming

bonus marks candidates are required to upload experience

certificate in prescribed proforma duly issued by the competent

authority (CMHO concerned).

4. Their main grievance is, that in spite of the fact that they

have applied for issuance of experience certificate which is

mandatory for claiming bonus marks for the post of ANM, Lab

Technician and Assistant Radiographer, the concerned

CMHO/authorities are not issuing them experience certificates due

to which they are not able to submit their online application forms.

5. While pointing out that thousands of applicants have applied

for experience certificate and there are limited resources and

manpower to deal with such huge number of applications in short

span of time, learned counsel submitted that in absence of clear

guidelines and yardsticks, the CMHOs are taking longer than usual

time and precaution while issuing experience certificates. It was

also contended that in many cases they are verbally refusing to

issue certificates citing that the applicant is not entitled for bonus

marks.

6. It is brought to the notice of the Court by the learned

counsel for the petitioners that in view of the stipulation carved in

the circular dated 05.12.2022 particularly " ik= vH;fFkZ;ksa", the

CMHO concerned are raising all types of queries/hurdles and

making it almost impossible to obtain an experience certificate.

7. It was argued that though the entitlement for bonus marks is

to be determined by the competent authority/recruitment

authority at the time of document verification or preparation of

merit list, but the CMHOs have taken unto themselves the task of

adjudging the eligibility of each candidate.

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8. Heard learned counsel for the parties.

9. 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 25.01.2023, will be issued

experience certificates in prescribed proforma in accordance

with law, as early as possible, latest by 30.01.2023.

(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

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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. 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.

10. 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.

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11. 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.

12. All the petitions so also stay petitions stand disposed of