[2025:RJ-JD:39670]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14130/2025 Sandeep S/o Shri Dharampal, Aged About 35 Years, Resident Of Ward No. 19, Baba Ramdev Mandir, Purani, Aabadi, Sri Ganganagar. ----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Department Of Medical And Health, Govt. Of Rajasthan, Secretariat, Rajasthan, Jaipur.

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

----Respondents For Petitioner(s) : Mr. Inderjeet Yadav.

For Respondent(s) : Mr. Mukesh Dave, AGC with Mr. Tanuj Jain & Mr. Vivek Sharma.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

08/09/2025

1. By way of instant writ petition, the petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India seeking following relief(s):

“(i) The impugned minutes of meeting dated 15.11.2024 along with list (Ann.15) may kindly be declared highly arbitrary, unjust and same may kindly be quashed and set aside.

(ii) The respondent authorities may kindly be directed to consider the 30% bonus marks of the experience of the petitioner.

(iii) The respondent authorities may kindly be directed to select the petitioner for the post of Nursing Officer considering his 77.840 marks and appoint him as per his merit position.

(iv) The respondents may kindly be directed to appoint the petitioner on the post of Nursing Officer with all consequential and notional benefits.

(v) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner.”

2. Brief Facts of the case are that the petitioner completed his secondary school examination in 2006 and senior secondary examination in 2008 from the Board of Secondary Education, Haryana. He pursued a three-year Diploma in Nursing from the Rajasthan Nursing Council between 2012 and 2016, clearing it in 2016. He was initially registered with the Rajasthan Nursing Council, which issued a registration certificate on 29.07.2016 (Annex.4), valid until 31.12.2020. He later registered with the Haryana Nurses and Nurse-Midwives Council on 04.08.2017 (Annex.5). Vide certificate date 14.09.2020 (Annex.6), he renewed his registration with the Rajasthan Nursing Council, valid until 31.12.2024.

2.1. The petitioner provided nursing services on a contract basis as Nurse Grade-II at the Government District Hospital in Sri Ganganagar from 28.10.2019 to 30.04.2023, totaling over three and a half years, supported by an experience certificate.

2.2. In May 2023, the respondent advertised 6,981 vacancies for the post of Nursing Officer. The selection criteria allocated 70% weight to educational and professional qualifications and 30% to relevant experience, requiring mandatory registration with the Rajasthan Nursing Council as of the application deadline, 04.06.2023. The petitioner applied, was assigned application ID N0173684, and scored 77.840 marks during document verification. However, his name was omitted from the provisional merit list published on 07.10.2023, despite candidates with lower scores being included. The final selection lists on 06.12.2024, 24.03.2025, and 10.07.2025 also excluded him, even though the general category cut-off was below his score.

2.3. The grievance redressal committee, chaired by the Joint Secretary of the Medical and Health Department, met on 15.11.2024. It determined that the petitioner’s Rajasthan Nursing Council registration dated 14.09.2020 disqualified him from receiving full experience marks for prior periods. He was awarded only 20% bonus marks for experience, reducing his score to 67.836, below the last selected candidate’s score, leading to his exclusion. Dissatisfied with the committee’s decision and the partial award of experience marks, the petitioner filed instant writ petition.

3. Learned counsel for the petitioner submits that the petitioner is entitled to bonus marks for his dedicated service as a Nursing Officer with the respondents from