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DINESH MEHTA
Jogesh Singh Chouhan S/o Shri Rajendra Singh – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Of (2 of 9) [CW-19290/2022] Rajasthan, Secretariat, Jaipur – Respondent
ORDER :
1. The petitioners have approached this Court with the grievance that the respondents are not issuing them experience certificate, which is a precursor to claim bonus marks for recruitment to the post of Nursing Officer notified by the advertisement dated 16.11.2022.
2. The facts relevant for the present purposes are that the petitioners claim to have worked as Nursing staff with Foundation for Reproductive Health Services India (hereinafter referred to as "FRHS India") (formerly known as Meristopes India) - an agency with whom the State Government has entered into a Memorandum of Understanding (MOU) for the purpose of carrying out vasectomy (Family Planning Operation). The petitioners have asserted that they have worked in Government Hospitals for discharging the Nursing duties pursuant to the MOU signed between their Principal (FRHS India) and the State Government.
3. The petitioners claimed to have applied for grant of experience certificate in order to stake their claim for bonus marks, however, their request has not been favourably considered by the concerned CMHO, hence they have to approach this Court.
4. Mr. Mahaveer Bishnoi, learned counsel for the petitioners argued t
The main legal point established is that the entitlement of the petitioners for bonus marks for their work with FRHS India should be decided by the Director, Medical Health, and the court refrained f....
The main legal point established is that experience certificates for bonus marks should be issued based on the candidates' actual work performed, without considering their entitlement for bonus marks....
Experience gained with non-government entities does not qualify for bonus marks in merit-based appointments.
The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.
Point of Law : Central Government recommends to State/UT Governments to consider giving preference in regular Government appointments of Health professionals through respective Public Service Commiss....
Experience certificates must be issued based on verified experience, without automatically conferring rights to bonus marks.
The central legal point established in the judgment is the interpretation of Rule 273 of the Rajasthan Panchayati Raj Rules, 1996, regarding the entitlement of bonus marks for experience gained throu....
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