Chittorgarh, Rajasthan v. State Of Rajasthan, Through The Principal Secretary
Case Details
Judgment
4. Versus ----Petitioner State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 19348/2024 Punam Dhamniya D/o Ramesh Chand, Aged About 45 Years, R/o Plot No. 5, Ganesh Nagar, Opposite Esi Hospital, Hatwara Road, Sodala, Jaipur (Rajasthan). Narendra Raigar S/o Ramswaroop Raigar, Aged About 30 Years, R/o Village And Post Palasod, Tehsil Bamanwas, District Sawai Madhopur (Rajasthan) 322214. Maonoo Kumar Jindal S/o Girraj Prasad Gupta, Aged About 37 Years, R/o In Front Of Gulkandi Devi School, Narayan Plaza Udai Mode, Ward No. 32, Gangapur City, District Sawai Madhopur (Rajasthan) 322201. Nirmala Verma D/o Maliram Verma, Aged About 37 Years, R/o Village, Post And Tehsil Danta Ramgarh, District Sikar (Rajasthan). Babu Lal Bairwa S/o Sita Ram Bairwa, Aged About 39 Years, R/o Village And Post Patan Tehsil Bassi, District Jaipur (Rajasthan). Versus ----Petitioners The State Of Rajasthan, Through Its Secretary, Department Of Medical Health And Family Welfare, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.). The Director, State Institute Of Medical Health And Family Welfare, Jhlana Doongi Colony, Ghat Ki Guni, Jaipur (Raj.). The Joint Secretary, Medical And Health Department (Group- 3), Jaipur (Raj.).
Mippu D/o Shri Ramji Lal Kumhar, Selected At S. No. 4071, Through The Director, State Institute Of Medical Health And Family Welfare, Jhlana Doongi Colony, Ghat Ki Guni, Jaipur (Raj.). [2025:RJ-JP:17897] (2 of 10) [CW-841/2025]
5. Sangeeta D/o Satya Narayan, Selected At S. No. 4072, Through The Director, State Institute Of Medical Health And Family Welfare, Jhlana Doongi Colony, Ghat Ki Guni, Jaipur (Raj.). S.B. Civil Writ Petition No. 19478/2024 Rashmi Gehlot Do Shri Kanwar Singh Rawat W/o Shri Ravindra Singh Gehlot, Aged About 31 Years, R/o 740/38, Jangid Chok, Parabatpura, Ajmer, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur. The Director, State Institute Of Health And Family Welfare, Jhalana Doongi Colony, Ghat Ki Guni, Jaipur, Rajasthan. Additional Director (Administration), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur, Rajasthan.
4. Chief Medical And Health Officer, Ajmer, Rajasthan. S.B. Civil Writ Petition No. 158/2025 Vishnu Kumar Saini S/o Shyopal Saini, Aged About 38 Years, Resident Of Village Ajeetpura, Tehsil Khetri District Jhunjhunu, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jhalana Institutional Area, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 226/2025 Rinku Kumar Saini S/o Vimal Kumar Saini, Aged About 30 Years, R/o Vpo Dera, Tehsil Reni, District Alwar, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Insitution, Jaipur. The Director (Non- Gazette), Medical And Health Services, Rajasthan, Jaipur. [2025:RJ-JP:17897] (3 of 10) [CW-841/2025] S.B. Civil Writ Petition No. 229/2025 Manseera Khan D/o Jumma Khan, Aged About 38 Years, R/o Village Todiyar, Post Bader, Tehsil Malakhera, District Alwar, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 232/2025 Netrapal Singh Son Of Shri Jahan Singh, Aged About 43 Years, Resident Of Village Nagla Chahar, Tehsil Deeg, District Bharatpur (Rajasthan). ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department, Secretariat, Jaipur (Raj.). Director, National Health Mission, Swasthya Bhawan, Tolak Marg, C-Scheme, Jaipur (Raj.). Joint Director, Medical And Health Services, Zone Jaipur, Rajasthan. S.B. Civil Writ Petition No. 567/2025 Jogesh Singh Chouhan S/o Rajendra Singh Chouhan, Aged About 36 Years, R/o Dev Nagri Colony, Tankariya, Street No. 5, Sirohi, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 637/2025 Kamini D/o Kriparam, Aged About 34 Years, R/o 3-Chh-15, Pawanpuri Housing Board, Bikaner, Rajasthan. ----Respondents [2025:RJ-JP:17897] (4 of 10) [CW-841/2025] Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. ----Respondents S.B. Civil Writ Petition No. 642/2025 Nitesh Bhardwaj S/o Miththan Lal Bhardwaj, Aged About 32 Years, R/o Ward No. 16, Braj Vihar Colony, New Krishi Upaj Mandi Ke Piche, Kherliganj, Alwar, Rajasthan. Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 691/2025 Subhash Chandra Ameta S/o Kailash Chandra, Aged About 34 Years, R/o Village Utthen Khurd, Post Rayta, Tehsil Begun, District Chittorgarh, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur.
4. The Chief Medical And Health Officer, Bhilwara. S.B. Civil Writ Petition No. 736/2025 Mamta Berwa D/o Amba Lal Berwa, Aged About 36 Years, R/o 2/45, Housing Board, Atal Nagar, Tehsil Nimbahera, District Chittorgarh, Rajasthan. ----Respondents Versus ----Petitioner
1. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. [2025:RJ-JP:17897] (5 of 10) [CW-841/2025]
3. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. ----Respondents S.B. Civil Writ Petition No. 744/2025 Tajuddin Momin S/o Badruddin, Aged About 44 Years, R/o Subhash Nagar, Taro Ka Kheda, Ward No. 34, Bijainagar, District Ajmer, Rajasthan. Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. ----Respondents S.B. Civil Writ Petition No. 750/2025 Kiran Kumar Bedi S/o Ashok Kumar Bedi, Aged About 32 Years, R/o Devji Ki Gali, Masuda, District Ajmer, Rajasthan. Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 751/2025 Somendra Vyas S/o Gajendra Prasad Vyas, Aged About 41 Years, R/o 119/499, Thari Market, Agrawal Farm, Mansarovar, Jaipur, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 752/2025 ----Respondents [2025:RJ-JP:17897] (6 of 10) [CW-841/2025] Murari Lal Yogi S/o Babu Lal Yogi, Aged About 39 Years, R/o Village Rajapura, Post Kolahera, Tehsil Thanagazi, District Alwar, Rajasthan. Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 755/2025 Anita Yadav D/o Dayal Singh Yadav, Aged About 44 Years, R/o 2/126, Neb Housing Board, Alwar, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 761/2025 Kishor Kumar Tiwari S/o Ravindra Dutt Tiwari, Aged About 39 Years, R/o Behind Civil Line School, Gopalgarh, Bharatpur, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 1133/2025 Dinesh Nagaura S/o Janaram Nagaura, Aged About 35 Years, R/o In Front Of Hotel Sujan, Khatiko Ka Mohalla, Nakash Gate, Nagaur, Rajasthan. ----Respondents
1. State Of Rajasthan, Through The Principal Secretary Versus ----Petitioner [2025:RJ-JP:17897] (7 of 10) [CW-841/2025] Medical And Health Department, Secretariat, Jaipur.
3. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 1138/2025 Sonal Kherwasiya D/o Ramesh Chand Kherwasiya, Aged About 30 Years, R/o 64, Isarwala, Ganoda, Mordiupli, Bansawra, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 1147/2025 Pratima Vyas D/o Ramesh Chandra Vyas, Aged About 31 Years, R/o Brahman Mohalla, Barodiya Metwala, Banswara, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. S.B. Civil Writ Petition No. 1206/2025 Deepak Kumar Yogi S/o Giriraj Prasad, Aged About 31 Years, R/o Vpo Aluda, District Dausa, Rajasthan. ----Respondents Versus ----Petitioner
3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. ----Respondents [2025:RJ-JP:17897] (8 of 10) [CW-841/2025] For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamit Khan Mr. Akshit Gupta Mr. G.L. Sharma Mr. Sukhdev Singh Solanki Mr. Abhimanyu Singh For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 28/04/2025
1. The issue involved in this batch of writ petitions is identical in nature, hence, with consent of counsel for both parties, all writ petitions have been heard together and would stand decided by this common order.
2. Petitioners are aggrieved by not granting bonus marks for their experience gained from working with FRHS India and thereby depriving the petitioners from appointment on merits on the post of Nursing Officer in their respective category pursuant to advertisement dated 05.05.2023.
3. Counsel for respondents, at the outset, has pointed out that the issue involved in the instant batch of writ petitions has already been answered in negative, and the persons working with FRHS India, which is neither a Government Body nor does it fall under the Scheme of Government of Rajasthan, has not been found eligible to obtain the bonus marks, in the order dated 22.09.2023 passed in S.B. Civil Writ Petition No. 14029/2023 titled as Devi Kumari Vs. State of Rajasthan at Principal Seat, Jodhpur. For ready reference, the relevant Para Nos. 6 to 11 of the order are being reproduced hereunder:- [2025:RJ-JP:17897] (9 of 10) [CW-841/2025] There is no gainsaying the fact that the petitioners “6. are working with FRHS India, which is neither a Government Body nor does it fall under the Scheme of Government of Rajasthan.
7. In case of Jogesh Singh Chouhan (supra), this Court had observed that the persons working under the FRHS India Institute, an agency providing family planning services not only to the State-run hospital but also to private hospitals, are not prima-facie entitled for experience certificate or bonus marks. Relevant extract of Jogesh Singh Chouhan’s case (supra) reads thus:- “13. These petitions are therefore disposed of with the directions to the Director, Medical Health (Non-Gazetted) to take concrete decision as to whether the petitioners and all other similarly situated candidates having worked with or through FRHS India are entitled for bonus marks or not. 14. Since, the last date for submission of application form is reportedly 07.01.2023, it will be required of the Director to take a final view latest by 6:00 pm on 05.01.2023. 15. In case the Director Medical Health (Non-Gazetted) comes to a conclusion that petitioners and other candidates having worked through FRHS India are entitled for experience certificate and bonus marks, he shall issue brief guidelines in this regard and circulate the same to all the concerned authorities. 16. In case he is of the view that the petitioners are not entitled for bonus marks, he shall pass as peaking order in this regard and upload the same in the official website. 17. Stay petitions also stand disposed of accordingly.”
8. It is to be noted that pursuant to the direction issued to the Director, Medical and Health Department, the question as to whether the persons having worked with FRHS India Institute are entitled for bonus marks or not has been decided by order dated04.01.2023. The State has arrived at the decision that the persons working with FRHS India Institute are not entitled for experience certificate and bonus marks. A copy of the order dated 04.01.2023, which has
9. been placed for Court’s perusal is taken on record. 10. A perusal of the above order shows that the respondents have taken into consideration the nature of work done and contract of FRHS India Institute with the State-run hospitals and all other relevant factors. The order is well reasoned and based on valid consideration. [2025:RJ-JP:17897] (10 of 10) [CW-841/2025]
11. This Court does not find any error or illegality in the decision aforesaid. The petition is, therefore, dismissed.” (emphasis supplied)
4. Since the issue has already been considered and answered by the Coordinate Bench of this Court against the petitioners, hence, the claim for entitlement of bonus marks by the petitioners on the basis of working experience with FRHS India is not required to be adjudicated again on merits.
5. Accordingly, the writ petitions are hereby dismissed in the light of order dated 22.09.2023 passed in case of Devi Kumari (supra).
7. Interim stay order(s) stand vacated. Stay applications and other pending application(s), if any, also stand disposed of.
8. A copy of this order be placed in each connected file. (SUDESH BANSAL),J NITIN /