Citation : 2025 Latest Caselaw 12143 Raj
Judgement Date : 23 April, 2025
[2025:RJ-JD:19620]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 21131/2024
Sonu Meena D/o Shri Babu Lal Meena, Aged About 28 Years,
Resident Of 18, Daityanagari, Saheli Marg, Udaipur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Medical, Health
And Family Welfare Department, Government Of
Rajasthan, Secretariat, Jaipur (Raj.).
2. Director, State Institute Of Health And Family Welfare,
Jaipur (Raj.).
3. Chief Medical And Health Officer, Udaipur (Raj.).
----Respondents
For Petitioner(s) : Mr. Varda Ram Choudhary.
For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave, AGC.
HON'BLE MS. JUSTICE REKHA BORANA
Order
23/04/2025
1. Learned counsel for the petitioner submits that the
controversy in question rests covered by the judgment of a Co-
Ordinate Bench of this Court passed in S.B. Civil Writ Petition
No.15165/2024; Neelisha Rathore vs. State of Rajasthan &
Ors. (decided on 09.10.2024) whereby the respondents were
directed to grant 15 bonus marks to the petitioner therein qua the
experience certificate as submitted by her for the services
rendered by her during the COVID-19 period.
2. Learned counsel for the respondents although could not
refute the submission regarding the ratio laid down in Neelisha
Rathore's case (supra) but then submitted that the experience
certificate issued to the petitioner was not in accordance with the
condition of advertisement as the same was issued on 01.02.2023
which was prior to the date of advertisement i.e. 19.05.2023
[2025:RJ-JD:19620] (2 of 2) [CW-21131/2024]
(Annexure-5) whereas as per the condition of advertisement it
ought to have been of a date subsequent to the date of
advertisement.
3. In the specific opinion of this Court, objection as raised by
counsel for the respondents is fallacious. The intention of
order/circular dated 25.04.2023 (Annexure-R/1) as issued by the
State Government was to grant an extra benefit to the health
workers who rendered their services during the COVID-19 period.
The petitioner having worked during that period and the
experience certificate issued qua that period only is not disputed.
Only on the premise that the experience certificate had been
issued on a prior date, the veracity of the same cannot be put to
question.
4. The issue rests covered by Neelisha Rathore's case (supra)
and hence, the present petition is allowed. The respondents are
directed to grant 15 bonus marks to the petitioner on basis of the
experience certificate dated 01.02.2023 (Annexure-12) as
submitted by her along with her application form and after
awarding the bonus marks if the petitioner finds place in merit and
is otherwise found eligible, let the order of appointment be issued
in her favour within a period of six weeks from the date of receipt
of a copy of the present order.
5. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J 198-KashishS/-
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