Rajasthan High Court - Jodhpur
Pritika Gahlot vs State Of Rajasthan (2025:Rj-Jd:11925) on 3 March, 2025
[2025:RJ-JD:11925]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8072/2023
1. Pritika Gahlot D/o Jagdeesh Ram, Aged About 23 Years,
Resident Of Maliyon Ka Bass, Pipar Road, Salwa Khurd,
District Jodhpur.
2. Pooja Vaishnav D/o Shambhu Lal, Aged About 22 Years,
Resident Of Bapu Nagar, Mata Ka Than, Jodhpur.
3. Lata Dangi D/o Raju Ram Dangi, Aged About 25 Years,
Resident Of Opposite Ram Shyam Chemical Factory,
Subhash Colony, Pipar City, Jodhpur.
4. Sapana Kumari D/o Mahaveer Singh Meena, Aged About
22 Years, Resident Of 31, Meena Ka Mohalla, Chakwas,
Jhunjhunu.
5. Kavita D/o Prabhu Dayal Jhotwal, Aged About 23 Years,
Resident Of Patwari Ka Bas, Shrimadhopur, District Sikar.
6. Ajay Chouhan S/o Paras Mal, Aged About 24 Years,
Resident Of Sargaro Ka Bas, Rajadand, Pali.
7. Rajesh Kumar Meena S/o Munshi Ram Meena, Aged
About 29 Years, Resident Of Sagour Post Santnagar Th.
Bari, Dholpur 328021.
8. Bhavna D/o Prakash, Aged About 22 Years, Resident Of
Acharyon Ka Bas, V/p Gangani, Tehsil Baori, District
Jodhpur.
9. Pooja Prajapat D/o Shyam Prajapat, Aged About 23
Years, Resident Of Gaytri Colony, Ratanada, Jodhpur.
10. Pooja Choudhary D/o Suja Ram, Aged About 22 Years,
Resident Of Dudiyo Ka Bass, Ratkuria, District Jodhpur.
11. Ganpat Singh S/o Mag Singh, Aged About 27 Years,
Resident Of Tinwari, Tehsil Tinwari, District Jodhpur.
Pincode 342306
12. Sunita Choudhary D/o Kalu Ram, Aged About 22 Years,
Resident Of Khinwatana, Tehsil Degana, District Nagaur.
13. Prakash S/o Agra Ram, Aged About 23 Years, Resident Of
Maliyo Ka Bas, Bassi Nagar, Barla Basni, Tinwari, District
Jodhpur.
14. Ashok Dewasi S/o Hanuman Ram, Aged About 22 Years,
Resident Of Dewasiyo Ka Bas, Roodiya, District Jodhpur.
15. Meenakshi Senwar D/o Bhanwar Lal, Aged About 23
Years, Resident Of Near Aashapurna Basera, Pal Village,
Jodhpur.
16. Santosh D/o Prakash Chand Gehlot, Aged About 23 Years,
Resident Of Kanavas Road, Balunda, Jaitaran, District
Pali.
17. Radhika Pareek D/o Kalyan Pareek, Aged About 22 Years,
Resident Of Bhatiyo Ka Bas, Magra Punjala, Jodhpur.
18. Shubham Kala S/o Mohan Lal, Aged About 24 Years,
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Resident Of 67, Boyal House, Gandipura, 1St Street,
Rasala Road, Bjs Colony, Jodhpur.
19. Mamta D/o Babu Ram, Aged About 24 Years, Resident Of
Bhakhri Ki Dhani, Sindhipura, Jodhpur.
20. Durga Kanwar D/o Puran Singh, Aged About 23 Years,
Resident Of 27/110, Mahaveer Nagar, Nandri Banar Road,
Jodhpur.
21. Khushboo D/o Rawal Ram, Aged About 23 Years, Resident
Of 52, Sector-03, Ramraj Nagar, Chokha, Jodhpur.
22. Chandrakala Panwar D/o Narayan Ram, Aged About 22
Years, Resident Of 3-E-52, Kuri Bhagtasani Housing
Board, Jodhpur.
23. Vimla D/o Lichhaman Ram, Aged About 22 Years,
Resident Of Amroji Bhati Ki Dhani, Birani, Bhopalgarh,
District Jodhpur.
24. Khushbu Inda D/o Kishan Singh, Aged About 23 Years,
Resident Of Bhagawan Mahaveer Nagar, Nandri Road,
Jodhpur.
25. Jeeta Ram S/o Kana Ram, Aged About 23 Years, Resident
Of Chhabo Ki Dhaniya, Baori, District Jodhpur.
26. Pramila D/o Deepa Ram, Aged About 23 Years, Resident
Of Village Chandaliya, Post Ghewara, Tehsil Tinwari,
District Jodhpur.
27. Kinjal Kharadi D/o Hari Shankar Kharadi, Aged About 23
Years, Resident Of Ward No.5, Nawa Ghara, Vikas Nagar,
District Dungarpur.
28. Jagdish Chandra S/o Deepa Ram, Aged About 23 Years,
Resident Of Village Champasar, Tehsil Ghantiyali, District
Jodhpur.
29. Vishnu Vishnoi S/o Rooparam Vishnoi, Aged About 22
Years, Resident Of Bhaduo Ki Dhaniya, Village Rasida,
District Jodhpur.
30. Seema Khan D/o Bundu Khan, Aged About 23 Years,
Resident Of Raniwara Kallan, Raniwara, District Jalore.
31. Pooja Vaishnav D/o Nan Kishor Vaishnav, Aged About 22
Years, Resident Of Village Borunda, Tehsil Pipar, District
Jodhpur.
32. Lalita Khokhar D/o Aidan Ram, Aged About 22 Years,
Resident Of Khinvtana, Nagawi, Dotina, District Jodhpur.
33. Suman Patel D/o Lekhu Ram Patel, Aged About 23 Years,
Resident Of Santoohpura Masuirya, Pal Road, Jodhpur.
34. Urmila D/o Shankar Lal, Aged About 23 Years, Resident
Of Lolo Ki Dhani, Khabra Kalan, Tehsil Osian, District
Jodhpur.
35. Jhumar Ram S/o Anda Ram, Aged About 25 Years,
Resident Of Shree Krishna Nagar, Aau, District Jodhpur.
36. Neetu Mehra D/o Hanuman Ram, Aged About 23 Years,
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Resident Of Salwa Kallan, Banar, District Jodhpur.
37. Pushpa D/o Dhokal Ram, Aged About 22 Years, Resident
Of Hardhani, Tehsil Baori, District Jodhpur.
38. Deekshith Rathore S/o Mangi Lal, Aged About 24 Years,
Resident Of Bera Jhalra, Binjwadiya Road, Bilara, District
Jodhpur.
39. Purnima Choudhary D/o Goma Ram, Aged About 22
Years, Resident Of Rajadund Road, Garniya, District Pali.
40. Dimple D/o Mala Ram, Aged About 23 Years, Resident Of
Jalkha, Post Silari, Pipar City, District Jodhpur.
41. Mamta D/o Chaina Ram, Aged About 22 Years, Resident
Of Ravo Ka Bass, Bara Kallan, Tehsil Pipar City, District
Jodhpur.
42. Bhawna D/o Puka Ram Choudhary, Aged About 22 Years,
Resident Of Anganwa, Mandor, Post Surpura, Jodhpur.
43. Chanchal Chhaba D/o Sunil Chhaba, Aged About 23
Years, Resident Of Choudhary Colony, Subdand, District
Nagaur.
44. Bhanu Priya Tak D/o Chawar Lal Tak, Aged About 23
Years, Resident Of New Nagour Road, Chainpura, Mandor,
Jodhpur.
45. Maya Kumari Dendor D/o Mavji Dendor, Aged About 22
Years, Resident Of Parda Dariyati, Tehsil Chikhali, District
Dungarpur.
46. Rekha Pargi D/o Mani Lal Pargi, Aged About 22 Years,
Resident Of Daman Urf Danala Post Chittri, Tehsil
Galyalcot, District Dungarpur.
47. Anita Jat D/o Rakesh Kumar Jat, Aged About 22 Years,
Resident Of Utarada Mohalla Ward No.24 Ramgarh
Ramgarh (Rural) Sikar
48. Seema D/o Sant Singh, Aged About 22 Years, Resident Of
Kirtan, Bawar, District Churu.
49. Rekha D/o Rajendra Kumar, Aged About 22 Years,
Resident Of Mahpalwas, District Jhunjhunu.
50. Suman D/o Rambaksha, Aged About 23 Years, Resident
Of Basni Seja, Tehsil Merta City, District Nagaur.
51. Dharm Veer Singh S/o Narpat Singh, Aged About 23
Years, Resident Of Rajputo Ka Was, Telwara, District
Barmer.
52. Manju D/o Taja Ram, Aged About 23 Years, Resident Of
Siyolo Ki Dhaniya, Nadiyai Khurd, Tehsil Tinwari, District
Jodhpur.
53. Kiran Acharya D/o Seva Ram, Aged About 23 Years,
Resident Of Achryon Ka Bass, Gangani, District Jodhpur.
54. Sheetal Acharya D/o Narendra Kumar Acharya, Aged
About 23 Years, Resident Of 114, Ramnagar Khasara No.
98, Opp. Pf Office, Behind Vijay Mariage Palace,
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Nandanwan, Jodhpur.
55. Monika Prajapat D/o Ramchandra Prajapat, Aged About
24 Years, Resident Of 114, East Patel Nagar, Ganeshpura,
Ratanada, Jodhpur.
56. Pooja Dudi D/o Jaisingh Dudi, Aged About 22 Years,
Resident Of Dudiyo Ka Bada, Ratkuriya, District Jodhpur.
57. Jaya Songara D/o Magraj Songara, Aged About 23 Years,
Resident Of K-254 Ke Samne, Indra Colony, Pratap
Nagar, Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Medical And Health Services, Government
Secretariat, Jaipur, Rajasthan.
2. The Director, State Health And Family Welfare,
Government Of Rajasthan, Jhalana Institutional Area,
Jhalana Doongri, Jaipur.
3. The Addl. Director (Admn.), Medical And Health Services,
Swasthya Bhawan, Rajasthan, Jaipur.
4. The Registrar, Rajasthan Nursing Council, Jaipur.
5. Principal And Controller, School Of Nursing, Mahatma
Gandhi Hospital, Jodhpur
6. The Chief Medical And Health Officer, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Hanuman Singh Choudhary
For Respondent(s) : Ms. Rakhi Choudhary
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
03/03/2025
1. Petitioners herein, inter alia, seek issuance of an appropriate
writ, order and/or direction commanding the respondents to
consider their services rendered during Covid-19 for grant of
bonus marks while issuing experience certificate as provided to
Covid Health Assistant (C.H.A.) for appointment on the post of
Nursing Officer pursuant to the advertisement dated 05.05.2023.
[2025:RJ-JD:11925] (5 of 8) [CW-8072/2023]
2. Briefly speaking, the facts pleaded in the petition are that
the services of the petitioners were utilized during the COVID-19
pandemic due to a shortage of medical staff. Despite the
engagement of the petitioners, who were pursuing the GNM
course, the State Government also recruited CHAs to conduct
surveys and distribute medicines door to door.
2.1. The respondents issued an advertisement on 16.11.2022 for
the recruitment of Nursing Officers. A writ petition, SBCWP
No.18156/2022 (Ritesh Gochar vs. State of Rajasthan & Ors.),
was filed at the Jaipur Bench, raising the grievance that the
experience certificate was not issued in the prescribed format. As
a result, the petitioners were unable to upload their experience
certificates while submitting their application forms for the Nursing
Officer/Pharmacist posts pursuant to the advertisement dated
16.11.2022.
2.2. The writ petition was disposed of by an order dated
01.02.2023, with the direction that the respondents would resolve
the issue of granting bonus marks to the C.H.A. who provided
their services during the pandemic, in accordance with the
order/circular dated 03.05.2021.
2.3. In light of the order/circular dated 03.05.2021 issued by the
Government of India and the direction given by this Court at the
Jaipur Bench in its order dated 01.02.2023, the respondents
reviewed the case of C.H.A. and deemed them eligible for bonus
marks in the regular recruitment for the post of Nurse Gr.-II.
Consequently, the respondents withdrew the earlier advertisement
dated 16.11.2022.
[2025:RJ-JD:11925] (6 of 8) [CW-8072/2023]
2.4. The respondent department, by order dated 25.04.2023,
granted bonus marks to aspirants who provided medical services
during the critical Covid-19 period from 22.03.2020 to
13.02.2022. According to the order, 15 bonus marks were
awarded to those who rendered services for up to two years
during the Covid-19 period. Additionally, the respondent medical
department issued guidelines for the issuance of experience
certificates for medical and paramedical services in 2023.
2.5. The respondents issued a detailed advertisement for the
Nursing Officer position on 05.05.2023, in which they considered
the candidature of C.H.A. who rendered services during the Covid-
19 period for the purpose of awarding bonus marks. However, in
the case of the petitioners, the respondents are not considering
their candidature for bonus marks as a C.H.A. Hence, this petition.
3. The stand taken by the respondents in the reply is that the
post of C.H.A., for which the petitioners have claimed parity based
on the nature of work and duties, requires the qualification of
having completed a GNM course and being registered with the
Rajasthan Nursing Council. However, at the relevant time, the
petitioners were still undergoing the course and did not possess
the requisite professional qualification.
3.1. According to the office order dated 25.04.2023, which
outlines the eligibility criteria for granting bonus marks, the
petitioners do not meet the requirements to claim the bonus
marks. The petitioners were neither engaged on a contract basis
nor on a temporary basis, and therefore, do not fall under the
definition of 'Karmik,' who are entitled to receive bonus marks.
[2025:RJ-JD:11925] (7 of 8) [CW-8072/2023]
3.2. The statutory enabling provisions of extending the benefit of
bonus marks is found in Rule 19 of the Rules of 1965, which
clearly indicates that it is within the exclusive domain of the State
Government to set the criteria for granting bonus marks, as well
as the conditions for the validity of the experience certificate upon
which the benefit of such experience is based. In the absence of
any challenge to this Rule before the appropriate forum, the writ
petition is not maintainable.
4. In the aforesaid backdrop, I have heard learned counsel for
the parties and perused the case file.
5. Before adverting to the merits of the claim of petitioners,
pertinent it is to observe at the very threshold that conceded
position as per the case pleaded in affirmative by the petitioners is
that they are seeking benefit of their having interned during the
Covid period in the health sector while they were pursuing their
diploma in GNM.
6. On a pointed query to the counsel for the petitioners as to
whether the diploma can be awarded without completion of the
internship, the answer is in negative. Being so, it thus emerges
that internship is an integral part of the academic curriculum for
the diploma in question and the same cannot therefore be termed
as an employment but rather is continuation of the studenthood.
On that ground alone petitioners are not entitled to seek benefit of
any bonus marks claiming that they were under employment and/
or had worked as health workers, the writ petition is liable to be
dismissed.
7. Aside above, my attention has been drawn to a judgment
dated 23.01.2023 rendered in the case of Pramila & Ors. vs.
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State of Rajasthan & Ors. : S.B. Civil Writ Petition No.
14794/2022 by a co-ordinate Bench of this Court, wherein,
similar controversy has already been put to rest by dismissing the
claim of similarly situated counterparts of the petitioners.
8. I am in respectful agreement with a view taken by my
learned brother in the aforesaid judgment. The same is not being
reproduced for sake of brevity.
9. Dismissed accordingly.
1o. Pending application, if any, stand disposed of.
(ARUN MONGA),J
46-AK Chouhan/-
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