2026:CGHC:9185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2130 of 2022 Sunil Kumar Markam S/o Shri Jaisingh Markam Aged About 27 Years Working As Phamasist, Mobil Medical Unit Bhairamgarh, Bijapur, District-

Bijapur Chhattisgarh., District : Bijapur, Chhattisgarh ... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfair, Department, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh.

2 - Chief Medical And Health Officer Old District Hospital, D.N.K. Coloney, Kondagaon, District-Kondgaon Chhattisgarh.

3 - Departmental Selection Committee Kondagaon, District- Kondagaon Chhattisgarh.

4 - Block Medical Officer Bhairamgarh, District-Bijapur Chhattisgarh.

... Respondents For Petitioner : Mr. Ankul Biswas, Advocate For Res./State : Mr. Sanjay Kumar Yadav, Panel Lawyer For Intervenor : Mr. Lukesh Kumar Mishra, Advocate through Video Conferencing Hon'ble Shri Justice Sachin Singh Rajput

Order On Board

20/02/2026

1.

The present writ petition has been filed by the petitioner with the following prayer:-

“10.1 That, this Hon’ble Court may kindly be pleased to quash list issued by the respondent NO. 3so far as relates to the petitioner)and for appropriate direction to the respondents to provide experience number to the petitioner of Covid-19 and allowed to the petitioner in recruitment process of Pharmacist Grade-II.”

2.

Learned counsel for the petitioner submits that an advertisement dated

20.10.2021 was published by the Office of Chief Medical and Health Officer, Kondagawn, District Kondagawn (C.G.) inviting applications for appointment on various posts including post of Pharmacist Grade-II for special drive for appointment on Scheduled Tribe category. Total 9 posts were advertised, out of which 7 posts were reserved for the open category Scheduled Tribe candidates whereas two posts were reserved for women of Scheduled Tribe category. As per conditions prescribed in the advertisement, two bonus marks for each year, in which the candidates have worked in the Government/ semi-government//Corporation/ Division/contract /daily wagers and maximum marks would be 10. Thereafter, a circular/executive instruction dated 07.12.2021 was issued by the respondent No. 1 indicating therein that in order to appointment on the post of Class-III and Class-IV in the Health Department, 10 bonus marks would be given for those candidates, who have continued worked for six months in the government institution during Covid-19 Pandemic period. Thus, in light of the above, the candidates should have made an application in lieu of advertisement dated 20.10.2021 who also entitled to get 10 bonus marks, if they were appointed and performed their work under the Government during Covid-19 Pandemic. He further submits that the petitioner has performed his duties with the community Health Centre, Bheramgarh District-Beejapur during Covid-19 pandemic from 25.05.2021 till date, under Jai Ambe Emergency Service, Pvt. Ltd, Mobile Unit. Though the petitioner was working under a private agency however, the said agency was engaged in performing the work of the State government during the Covid-19 period and certificate to that effect (Annexure P/7) dated 21.01.2021 was also issued by the Chief Medical and Health Officer, District Beejapur. Initially, one merit list was prepared, the petitioner was awarded 61 marks including 10 marks for working in Covid-19 pandemic period however, when the final list was prepared, the 10 marks awarded to the petitioner was deducted and he was placed at serial No. 12 whereas in the first provisional list, he was placed at serial No. 7. He further submits that non awarding of 10 marks to the petitioner is bad in law and liable to be set aside. He placed reliance the judgment of this Court in WPS No. 5749 of 2022 (Chandrakant Sahu Vs State of Chhattisgarh and Ors.) dated 08.08.2024.

3.

Per contra, learned counsel for the State as well as learned counsel for the intervenor while opposing the submissions made by co