Rajasthan High Court - Jodhpur
Meenakshi Rao vs State Of Rajasthan on 5 January, 2023
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19677/2022 Lala Ram S/o Shri Jawana Ram, Aged About 33 Years, R/o 115, Meeno Ka Bas, Kanlao, Pali (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.
3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.
4. The Joint Director, Medical And Health Services, Zone Jodhpur, District Jodhpur.
5. The Chief Medical And Health Officer, Pali.
----Respondents For Petitioner(s) : Mr. Mahaveer Bishnoi Mr. Jayram Saran Mr. Tanwar Singh Mr. Akash Goyal Mr. Kailash Jangid Mr. V.S. Bhawla Mr. Balvinder Singh Mr. Suresh Kumar Maru Mr. Lokesh Mathur Mr. Rakesh Arora Mr. Naresh Singh Mr. Ram Dev Potaliya Ms. Deepika Purohit Mr. O.P. Sangwa Mr. Bharat Singh Rathore Mr. Ramdeen Choudhary For Respondent(s) : Mr. K.S. Rajpurohit, AAG with Mr. Shreyansh Mehta Mr. Rajat Arora Mr. Sanjay Saxena, Joint Director (Non-Gazetted) (Downloaded on 06/01/2023 at 09:23:30 PM) (2 of 9) [CW-19677/2022] JUSTICE DINESH MEHTA Order 05/01/2023
1. Present writ petition and others enlisted in the Schedule appended herewith involve common grievance and identical relief. Hence, they are being disposed of conjointly by this Common order. The Schedule shall be treated as part and parcel of the order instant.
2. All the petitioners claim to have worked under the Government or schemes being run by the Government on contract basis or through placement agencies. All of them wish to apply for the post of Nursing Officer advertised by the respondents by recruitment notification dated 16.11.2022.
3. The terms of the advertisement and relevant Rules provide for bonus marks to eligible candidates on the basis of experience gained on prescribed conditions and for the purpose of claiming bonus marks candidates are required to upload experience certificate in prescribed proforma duly issued by the competent authority (CMHO concerned).
4. Their main grievance is, that in spite of the fact that they have applied for issuance of experience certificate which is mandatory for claiming bonus marks for the post of Nursing Officer, the concerned CMHO/authorities are not issuing them experience certificates due to which they are not able to submit their online application forms.
5. While pointing out that thousands of applicants have applied for experience certificate and there are limited resources and manpower to deal with such huge number of applications in short span of time, learned counsel submitted that in absence of clear (Downloaded on 06/01/2023 at 09:23:30 PM) (3 of 9) [CW-19677/2022] guidelines and yardsticks, the CMHOs are taking longer than usual time and precaution while issuing experience certificates. It was also contended that in many cases they are verbally refusing to issue certificates citing that the applicant is not entitled for bonus marks.
6. It is brought to the notice of the Court by the learned counsel for the petitioners that in view of the stipulation carved in the circular dated 05.12.2022 particularly " ik= vH;fFkZ;ksa", the CMHO concerned are raising all types of queries/hurdles and making it almost impossible to obtain an experience certificate.
7. It was argued that though the entitlement for bonus marks is to be determined by the competent authority/recruitment authority at the time of document verification or preparation of merit list, but the CMHOs have taken unto themselves the task of adjudging the eligibility of each candidate.
8. Considering the grievance of the petitioners, this Court had directed the Joint Director (Recruitment) Medical & Health to remain present so that the concern expressed and issues raised by the petitioners can be appropriately addressed.
9. Mr. Sanjay Saxena, Joint Director (Non-Gazetted), OIC Recruitment present in person assured the Court that full cooperation would be extended to the candidates and though instructions have been issued to expeditiously issue experience certificate and circulars have been issued from time to time, yet clarification, addressing various concerns shown by the candidates, would be issued within a period of three days from today. And all the authorities will be directed to issue experience certificate in light of the direction issued by the Court and in terms of the circular that will be issued by the Directorate/State. (Downloaded on 06/01/2023 at 09:23:30 PM)
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10. Heard learned counsel for the parties and the Joint Director.
11. In a bid to ward off inconvenience and hardship to the candidates and in order to expedite and streamline the process of issuing experience certificate, it is deemed expedient and hence ordered that:-
(i) Henceforth, the candidates will be required to submit their application forms in two copies, out of which one copy will be returned to the candidate with a receipt with date and seal by the officials of the concerned CMHO.
(ii) All the candidates will be required to submit a copy of the experience certificate, issued by the concerned agency/NGO/ respective authorities while submitting application for experience certificate.
(iii) All the candidates who have applied for issuance of experience certificate by 12.01.2023, will be issued experience certificates in prescribed proforma in accordance with law, as early as possible, latest by 16.01.2023.
(iv) The experience certificate will be issued on the basis of experience gained and duties (name of post/job) discharged by the candidates, regardless of their opinion about concerned candidates' entitlement for bonus marks.
(v) All the candidates will be permitted to submit their online application form (upto the last date) with the claim of bonus marks, even without uploading the experience certificate.
(vi) After the process of submitting online application form is over, the recruiting authority will open the window/website at least for a period of seven days and permit the candidates to amend/modify their application form (if required) and (Downloaded on 06/01/2023 at 09:23:30 PM) (5 of 9) [CW-19677/2022] allow the candidates to upload the experience certificate whose certificates will be issued after 16.01.2023.
(vii) Considering the judgments of this Court rendered in the case of Mahipal Lakhera Vs. State of Raj. & Ors. S.B. Civil Writ Petition No.2577/2020 decided on 11.01.2021 and Sanwar Mal Saran & Ors. Vs. State of Rajasthan & Ors. :
S.B. Civil Writ Petition No.12080/2018, decided on 28.08.2018, it is directed that the candidates who have worked in 108 Ambulance and Mobile Medical Units will apply for experience certificate with copies of their earlier experience certificates issued in the year 2013/2018. The concerned CMHOs will accordingly verify them and issue experience certificate in the new format, considering the judgments rendered in the cases of Mahipal Lakhera (supra) and Sanwar Mal Saran (supra).
(viii) The CMHOs concerned shall confine themselves to issue experience certificate after verifying the facts regarding experience gained on a particular post, without bothering themselves about candidate's eligibility/ entitlement for a particular post and/or bonus marks. They will obviously examine the actual work performed by the candidates.
12. Needless to observe that above directions have been issued only for the purpose of issuing the certificates. Mere grant of experience certificate will not confer any right upon the candidates to claim bonus marks. It will be open for the respondents to verify the veracity and entitlement of individual candidates on the basis of the experience gained, nature of work performed and applicable law.
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13. The Director (Non-Gazetted) shall issue a circular and inform all concerned incorporating above directions and all other requisite instructions within a period of three days.
14. All the petitions so also stay petitions stand disposed of accordingly.
15. Rights of the respondents to reject/refuse experience certificate in appropriate cases shall stand reserved and so shall remain the candidates' rights to take legal recourse.
(DINESH MEHTA),J 172-Ramesh/-
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Schedule
S.NO. Item WRIT PETITION NO. PARTY NAME
No.
1. 171 SBCWP NO.19522/2022 Umesh Kalra & Ors. State of
Rajasthan &
Ors.
2. 173 SBCWP NO.19681/2022 Chetan Bhargav State of
Rajasthan &
Ors.
3. 174 SBCWP NO.19683/2022 Ravi Kumar Jeengar State of
Rajasthan &
Ors.
4. 175 SBCWP NO.19684/2022 Purnima Panwar State of
Rajasthan &
Ors.
5. 176 SBCWP NO.19707/2022 Laxman Lal State of
Meghwal Rajasthan &
Ors.
6. 178 SBCWP NO.29/2023 Sharvan Kumar & State of
Ors. Rajasthan &
Ors.
7. 179 SBCWP NO.34/2023 Rajesh Prajapat State of
Rajasthan &
Ors.
8. 180 SBCWP NO.41/2023 Sohan Lal State of
Rajasthan &
Ors.
9. 182 SBCWP NO.47/2023 Sonya Meena State of
Rajasthan &
Ors.
10. 184 SBCWP NO.72/2023 Uttam Chand State of
Parihar Rajasthan &
Ors.
11. 185 SBCWP NO.75/2023 Anisha Khan & Ors. State of
Rajasthan &
Ors.
12. 186 SBCWP NO.111/2023 Vandana State of
Rajasthan &
Ors.
13. 187 SBCWP NO.112/2023 Bajarang Lal State of
Rajasthan &
Ors.
14. 188 SBCWP NO.121/2023 Hemlata Kumari State of
Koted Rajasthan &
Ors.
15. 189 SBCWP NO.122/2023 Veermal Rana State of
Rajasthan &
Ors.
16. 190 SBCWP NO.123/2023 Dhanna Lal Sharma State of
Rajasthan &
Ors.
17. 191 SBCWP NO.126/2023 Hemendra Meghwal State of
& Ors. Rajasthan &
Ors.
18. 192 SBCWP NO.162/2023 Laxman Charpota State of
Rajasthan &
Ors.
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19. 193 SBCWP NO.163/2023 Savita Damor State of
Rajasthan &
Ors.
20. 194 SBCWP NO.164/2023 Mohan Lal Meena State of
Rajasthan &
Ors.
21. 196 SBCWP NO.173/2023 Shanti Choudhary State of
Rajasthan &
Ors.
22. 204 SBCWP NO.209/2023 Premlata State of
Rajasthan &
Ors.
23. 210 SBCWP NO.233/2023 Meenakshi Rao State of
Rajasthan &
Ors.
24. 211 SBCWP NO.235/2023 Manish Khinchi State of
Rajasthan &
Ors.
25. 212 SBCWP NO.236/2023 Dr. Isha Sharma State of
Rajasthan &
Ors.
26. 213 SBCWP NO.238/2023 Deepak & Ors. State of
Rajasthan &
Ors.
27. 214 SBCWP NO.241/2023 Gomati State of
Rajasthan &
Ors.
28. 215 SBCWP NO.244/2023 Shimla Bai Gurjar State of
Rajasthan &
Ors.
29. 217 SBCWP NO.249/2023 Manju State of
Rajasthan &
Ors.
30. 218 SBCWP NO.256/2023 Bhavana Suthar & State of
Ors. Rajasthan &
Ors.
31. 221 SBCWP NO.261/2023 Indra Vishnoi State of
Rajasthan &
Ors.
32. 222 SBCWP NO.265/2023 Koyal State of
Rajasthan &
Ors.
33. 223 SBCWP NO.268/2023 Seema Dara & Ors. State of
Rajasthan &
Ors.
34. 224 SBCWP NO.269/2023 Om Prakash & Ors. State of
Rajasthan &
Ors.
35. 89 SBCWP NO.19627/2022 Ramesh Kumar State of
Ghaveri Rajasthan &
Ors.
36. 106 SBCWP NO.131/2023 Sandeep Surela State of
Rajasthan &
Ors.
37. S-7 SBCWP NO.326/2023 Rakesh Yadav State of
Rajasthan &
Ors.
38. S-12 SBCWP NO.335/2023 Kamlesh Garasiya State of
Rajasthan &
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Ors.
39. S-II-3 SBCWP NO.377/2023 Sikha Swami State of
Rajasthan &
Ors.
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