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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Services – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Services – Respondent
Order :
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.
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/Pharmacis
Internship during academic training does not constitute employment, thus disqualifying candidates from receiving bonus marks for Covid-19 services.
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.
The main legal point established in the judgment is the intention of the legislature to encourage doctors to work in rural areas and the relevance of following government directions in managing and t....
The award of bonus marks to Community Health Officers is valid when their duties are adequately similar to those of Nursing Officers, reflecting the executive's discretion under established guideline....
Bonus marks under Rule 19 of the Rajasthan Medical and Health Subordinate Services Rules, 1965 can only be granted to persons working on temporary/ ad-hoc basis or on contractual basis or through pla....
Experience certificates are valid for bonus marks even if the candidate was not registered at the time of service, as per the eligibility criteria outlined in the advertisement.
Experience certificates can be considered for bonus marks even if the candidate was not registered at the time of service, as long as eligibility criteria are met.
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