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 Commission/other recruitment bodies, for those Health Professionals under this special scheme, who complete a minimum of 100 days of Covid related dutsssy.

JUDGMENT :

1. In SBCWP No.19106/2022 application (1/2023) has been filed seeking impleadment as party respondent.

2. For reasons mentioned in the application, the same is allowed. Amended cause title, enclosed with application, is taken on record.

3. In all these writ petition, petitioners have raised common grievance for not issuing the experience certificate in the prescribed format, due to which petitioners are unable to upload their experience certificate while submitting application forms for the respective posts of Nursing officer/pharmacist pursuant to advertisement dated 16.11.2022.

4. The grievance in respect of issuing experience certificate in the prescribed format has been dealt with and decided by the Principal Seat at Jodhpur in case of Lala Ram Vs. State of Rajasthan & ors. in SBCWP No.19677/2022 and other connected writ petitions vide order dated 5.1.2023. The Court has observed thus:-

“11. 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 12.01.2023, will be issued experience certificates in prescribed proforma in accordance with law, as early as possible, latest by 16.01.2023.

(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 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.

12. 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.

15. Rights of