Advocates:
['SHREE KANT VERMA', '', 'ANJALI KAUSHIK', 'PRITAM JOSHI', 'KS RAJPUROHIT AAG', '', 'SHREYANSH MEHTA']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1423/2022

Tayyab Hussain S/o Zulfikar Ali, Aged About 40 Years, R/o Madar

Colony, Ward No. 18, Ratangarh, Churu.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Department

Of Medical And Health Services, Government Secretariat,

Jaipur (Raj.) 302005.

2.

Director (Non Gazetted), Medical And Health Services,

Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

302005.

3.

Additional Director (Gazetted), Medical And Health

Services, Swasthya Bhawan, Tilak Marg, C-Scheme,

Jaipur (Raj.) 302005.

4.

Chief Medical And Health Officer, Churu (Raj.).

----Respondents

For Petitioner(s)

:

Mr. S.K. Verma.

For Respondent(s)

:

Mr. K.S. Rajpurohit, AAG.

Mr. Shreyansh Mehta.

Mr. Lucky Rajpurohit.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

05/05/2022

This writ petition has been filed by the petitioner seeking a

direction to the respondents to issue a fresh experience certificate

to the petitioner after adding leave and grant bonus marks after

calculation of leave in the experience. Further prayer has been

made that the action of the respondents in considering 3 years’

experience qua the professional qualification only and not for

award of bonus marks, be declared as arbitrary, unreasonable,

illegal and the same be quashed and set aside.

(2 of 11)

[CW-1423/2022]

The petitioner applied for the post of Lab Assistant pursuant

to advertisement dated 29.5.2018. The advertisement inter alia

indicated the following educational - professional qualification for

eligibility:-

“having minimum three years experience of working as

Laboratory Assistant / Laboratory Technician in State

Government Hospitals on contract basis or through

Service Provider Agency, shall also be eligible.”

The petitioner is secondary pass and is relying on having 3

years’ experience of working as Laboratory Assistant / Laboratory

Technician.

The advertisement further provides for award of bonus

marks in terms of Rule 19 of the Rajasthan Medical and Health

Subordinate Service Rules, 1965 (‘the Rules’). The petitioner in his

online application inter alia claimed experience from 4.4.2013 to

30.4.2018 as Lab Assistant.

The said experience of the petitioner was supported by an

experience certificate issued by the Principal Medical officer,

Ratangarh dated 25.6.2018 (Annex.5), wherein, it was indicated

that petitioner had worked as ‘Assistant Lab Technician’ on

contractual basis for the period 4.4.2013 to 30.4.2018 and his

period of work was 4 years, 7 months and 13 days.

It appears that the experience certificate, which was

produced by the petitioner and other candidates led the State to

get specific details pertaining to the experience of the candidates

and for the said purpose, the respondents issued a Eleven Pointer

to various authorities who had issued the experience certificates to

indicate the details of the experience gained by the candidates.

(3 of 11)

[CW-1423/2022]

The experience certificate issued to the petitioner, based on

the Eleven Pointer (Annex.4), indicated that petitioner had worked

as Lab Technician, and for the period 4.4.2013 to 31.3.2015 he

had worked for 586 days, from 1.4.2015 to 30.4.2017 for 568

days and from 1.5.2017 to 30.4.2018 for 288 days. Based on the

Eleven Pointer, the experience of the petitioner was taken as 3

years 11 months 12 days instead of 4 years 7 months 13 days as

indicated in the experience certificate dated 25.6.2018 (Annex.5).

The respondents, based on the decision taken in this regard,

after deducting 3 years towards the eligibility as indicated in the

advertisement, found that as the petitioner’s experience over and

above 3 years is less than 1 year, did not award any bonus marks

to the petitioner, resulting in, the petitioner having less than the

cut-off marks, for which, the interim merit list dated 21.12.2021

(Annex.6) was issued, wherein, for peti