[2026:RJ-JD:12190]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16079/2025 Vinay Singh Rao S/o Gajendra Singh Rao, Aged About 41 Years, R/o 467 - Jethiyo Ki Bari, Teachers Colony, Amba Mata Scheme, Girwa, Udaipur, Rajasthan ----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Medical And Health Science (Group-2), Government Of Rajasthan, Jaipur

2. The Director, State Institute Of Health And Family Welfare, Department Of Health, Jaipur

3. Superintendent, Shri Sundar Singh Bhandari, District Hospital, Amba Mata, Udaipur.

----Respondents For Petitioner(s) : Mr. Priyanshu Gopa.

For Respondent(s) : Mr. Tanuj Jain for Mr. Mukesh Dave, AGC.

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

10/03/2026

1. The present writ petition is filed seeking a prayer that while considering the candidature of the petitioner for appointment for the post of Pharmacist, he may be granted bonus marks for his working experience during COVID-19 period on the strength of experience certificate dated 20.12.2022 (Annex. 4).

2. Learned counsel for the petitioner stated that pursuant to advertisement dated 05.05.2023 (Annex. 1) online applications were invited for the post of Pharmacist by respondent no. 2- Director of State Health and Family Welfare, Jaipur wherein it was mentioned that candidates who were appointed in the Covid-19 period, either on contractual or ad-hoc basis, will be given bonus marks for purpose of recruitment. Thereafter, pursuant to an examination conducted, merit list dated 05.07.2024 (Annex. 6) was issued by respondents wherein, the petitioner stood at serial no. 659 in the list. However, in the final merit list dated 24.03.2025 (Annex. 7) issued by respondent, petitioner’s name stood at serial no. 28, under the head of the candidate whose result was withheld on the ground that their experience certificate was not verified.

3. Learned counsel further stated that petitioner discharged his duties as a Pharmacist from 01.10.2011 to 31.12.2020 on contractual basis and in pursuance to which work experience certificate (Annex. 4) was issued to the petitioner by Superintendent, Government District Hospital, Amba Mata, Udaipur on 20.12.2022. However, the same was said to be not verified.

4. It was contended that such denial of grant of bonus marks goes against the recruitment notification/advertisement as well as the beneficial intent behind Government order dated 25.04.2023, thereby violating the principle of substantial justice. He placed reliance on Soniya Bhagora v State of Rajasthan & Ors.; S.B.

Civil Writ Petition No. 15657/2024

5. Per Contra learned counsel for the respondent stated that the said experience certificate dated 20.12.2022 (Annex. 4) was not issued in the prescribed format and therefore, cannot be considered for the purpose of awarding bonus marks to the petitioner.

6. Learned counsel further contended that inclusion of petitioner’s name in a selection list does not give an automatic right to appointment. Therefore, petitioner is not entitled for appointment for the post Pharmacist. He placed reliance on Shankarsan Dash v Union of India, (1991) 3 SCC 47

7. Heard learned counsel for the parties and perused the material available on record.

8. Upon perusal of the advertisement dated 05.05.2023 (Annex. 4), it is clear that on page no. 14, it is expressly mentioned that benefit of bonus marks shall be extended to eligible candidates. In light of a valid experience certificate dated 20.12.2022 (Annex. 4), this Court finds that there is no reason why benefit of bonus marks should not be extended to petitioner in the present case.

9. This Hon’ble High Court in Bhagwan Puri Goswami v State of Rajasthan & Ors.; S.B. Civil Writ Petition No. 1053/2024 held that Courts should not let procedural violations come in the way of doing substantial justice. Relevant paragraph is reproduced herein below:

“The information asked for in Para 8 has already been provided by the petitioner for having perfor