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Rajasthan High Court - Jodhpur
The State Of Rajasthan vs Maya Choubisa (2026:Rj-Jd:13635-Db) on 23 March, 2026
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2026:RJ-JD:13635-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 126/2026
1. The State Of Rajasthan, Through The Secretary
Department Of Medical And Health Science Group Ii
Government Of Rajasthan Jaipur
2. The Director, Medical Health And Family Welfare
Rajasthan Jaipur
3. The Director, State Institute Of Health And Family Welfare
Department Of Health Jaipur
4. The Joint Director, Medical And Health Services Zone
Udaipur
5. The Chief Medical And Health Officer, Udaipur
----Appellants
Versus
Maya Choubisa D/o Shanker Lal Choubisa, Aged About 31 Years,
49 Samudayik Bhawan Ke Pas Brahmanon Ki Hunder Madar
Girwa Udaipur
----Respondent
For Appellant(s) : Mr. N.S. Rajpurohit, AAG
For Respondent(s) : Mr. Priyanshu Gopa
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
23/03/2026
1. Learned counsel for the parties jointly submit that the
controversy involved in the present appeal is no more res-integra
and it is covered by the decision rendered by a Coordinate Bench
of this Hon'ble Court in State of Rajasthan & Ors. vs.
Bhagwan Puri Goswami (D.B. Special Appeal Writ
No.1492/2025), vide order dated 06.11.2025. The order dated
06.11.2025 reads as under:
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[2026:RJ-JD:13635-DB] (2 of 3) [SAW-126/2026]
"1. Heard on prayer for condonation of delay in filing
the appeal.
2. An application under Section 5 of the Limitation
Act has been filed for condonation of delay of 126
days in filing of the appeal by the appellants. For the
reasons mentioned in the application, the same is
allowed.
3. Delay in filing the appeal is hereby condoned.
4. Learned counsel for the appellants-State fairly
submit that the controversy involved in the present
special appeal is covered by the decision rendered by
a coordinate Bench of this Hon'ble Court in State of
Rajasthan & Ors. v. Neelisha Rathore : D.B. Special
Appeal Writ No.591/2025 on 01.05.2025. The order
dated 01.05.2025 reads as follows:
"1. Heard on prayer for condonation of delay in
filing the appeal.
2. An application under Section 5 of the
Limitation Act has been filed for condonation of
delay of 94 days in filing of the appeal by the
appellants.
4. For the reasons mentioned in the
application, the same is allowed.
4. Delay in filing the appeal is hereby
condoned.
5. Heard on admission.
5. Learned counsel for the State would
vehemently argue and submit that even
though the respondent failed to submit the
application form strictly in accordance with
proforma prescribed under the advertisement
particularly omitting the details required under
Column 8 regarding working or posting during
the COVID-19 period from 22.03.2020 to
13.02.2022, we find that the relevant
information in this regard was contained in the
application form and supported by a certificate.
Therefore, the view taken by learned Single
Judge that there was a substantial compliance
with the requirement of submitting the
necessary information for the purpose of
claiming bonus marks, does not suffer from
any flaw more so since the period during which
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[2026:RJ-JD:13635-DB] (3 of 3) [SAW-126/2026]
the respondent worked, as supported by the
certificate is not under dispute and that
admittedly belongs to the Covid-19 period as
mentioned in the bonus clause as well as in the
proforma of the application.
6. Accordingly, the present appeal is
dismissed.
7. All pending applications stand disposed of.
5. Accordingly, this special appeal writ is also
dismissed in the light of the decision rendered vide
order dated 01.05.2025 passed in Neelisha Rathore's
case (supra) in the same terms. All pending
applications, if any, also stand disposed of."
2. In light of the aforequoted order, the present special appeal
is also dismissed on the same terms as the issue in hand is no
longer res integra in light of the judgment passed by Hon'ble
Division Bench of this Court in 'Bhagwan Puri Goswami' (supra).
All pending applications, if any, stand disposed of.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J
63-Sudheer/-
(Uploaded on 28/03/2026 at 03:58:19 PM)
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