BENCH AT JAIPUR v. The State Of Rajasthan, Through Its Secretary

Judgment

1. The State Of Rajasthan, Through Its Secretary, Department Of Medical Health And Family Welfare, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.).

2. The Director, State Institute Of Medical Health And Family Welfare, Jhlana Doongi Colony, Ghat Ki Guni, Jaipur (Raj.).

3. The Joint Secretary, Medical And Health Department (Group- 3), Jaipur (Raj.).

4. Pushplata Gehlot D/o Shri Banna Singh Gehlot, Selected At S. No. 2113, Through The Director, State Institute Of Medical Health And Family Welfare, Jhlana Doongi Colony, Ghat Ki Guni, Jaipur (Raj.). ----Respondents Connected With S.B. Civil Writ Petition No. 8971/2023

1. Kapil Kumar S/o Ram Kishore, R/o Village Jatka, Kishangarh Bas Alwar, (Raj.) 301405

2. Monika S/o Sh. Mahesh Kumar Moond, R/o 47, Near Sadbhawana Park, Sector No. 12-L, Hanumangarh (Raj.) 335512

Shiv Prakash Nagar S/o Shri Jainarayan Nagar, R/o 387, Royal Sun City, Thekra Road, Borkhera, Kota (Raj.) 324001

4. Suresh Kumar Meena S/o Shri Hiralal Meena, R/o Post Taleda, Bundi (Raj.) 323021

5. Pawan Kumar Vaishnav S/o Shri Bhanwar Lal, R/o Nakoda Basti, Tel Factory, Baran (Raj.) 325205

6. Yavan Kumar Nagar S/o Shri Shiv Kumar, R/o Kishanganj, Baran (Raj.) 325216

7. Vandna Beniwal S/o Shri Narottam, R/o 83, Dev Colony, [2025:RJ-JP:33423] (2 of 7) [CW-18975/2024] Ward No. 1. Pilani, Tehsil Chirawa, District Jhunjhunu (Raj.)

8. Tanveer Ahmmed Chhipa S/o Shri Ahmed Noor Chhipa, R/o Ward No. 45, Kalki Mohalla, Sanganer, Post Sanganer, Bhilwara (Raj.) 311006

9. Khushboo Pandya W/o Mayank, 32, Ambika Colony, Link Road, Banswara, , Rajasthan 327001.

10. Kuldeep Wadera S/o Punaram Wadera, 358, Harda Dari, Khakhar, Udaipur (Raj.) 313702

11. Sonal W/o Nawal Kishor Pareek, Gandhi Nagar, Barnagar, Jaipur Rajasthan303106.

12. Gorang Joshi S/o Suresh Chandra Joshi, H.no. 1/1, Shivaji Nagar,near Shreenath School, R.h.b. Beside Telephone Exchange, Dungarpur, Dungarpur Rajasthan-314001.

13. Mahesh Jangid S/o Boduram Jangid, R/o Ward No. 9, Gram Dulaha Ki Dhani, Tehsil Sikar, Gokulpura, Sikar (Raj.) 332021 ----Petitioners Versus

1. The State Of Rajasthan, Through Secretary. Family And Heath Department, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.)302005

2. The State Of Rajasthan, Through Secretary Medical And Health Department, Govt Of Rajasthan (Raj.) 3020005

3. The State Of Rajasthan, Through Secretary Medical Education Department, Govt. Of Rajasthan, Swasthya Bhawan, Govind Marg, Adarsh Nagar, Jaipur (Raj)302005

4. Director Non-Gazetted Medical And Health Services, Swathya Bhawan, C-Scheme, Ashok Nagar, Jaipur, Rajasthan 302007.

5. Director, State Health And Family Welfare, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. (Raj.)

6. The State Of Rajasthan, Through Secretary, Medical Health Department And Mission Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. (Raj.)

7. The State Institute Of Health And Family Welfare Rajasthan, Through Jhalana Institutional Area, Near [2025:RJ-JP:33423] (3 of 7) [CW-18975/2024] Doordarshan, Jaipur (Raj.) ----Respondents S.B. Civil Writ Petition No. 19464/2024 Mukti Kumari W/o Shri Ajeet Singh, Aged About 32 Years, R/o 251 Ware House Road, Katra Nadbai, Nadbai, Bharatpur, Rajasthan -321602. Versus ----Petitioner

1. The State Of Rajasthan, Through Its Secretary, Department Of Medical Health And Family Welfare, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.).

2. The Director, State Institute Of Medical Health And Family Welfare, Jhlana Doongi Colony, Ghat Ki Guni, Jaipur (Raj.).

3. The Joint Secretary, Medical And Health Department (Group-3), Jaipur (Raj.)

4. Sushil Kumar Meghwal S/o Mool Chand Meghwal, Aged About 37 Years, Selected At S. No. 2151, Through The Director, State Institute Of Medical Health And Family Welfare, Jhlana Doongi Colony, Ghat Ki Guni, Jaipur (Raj.). ----Respondents S.B. Civil Writ Petition No. 850/2025 Pramod Kumar S/o Roop Singh, Aged About 30 Years, R/o Village Choroti, Istmurar, Post Khutela Kalan, Tehsil Ramgarh, District Alwar, Rajasthan. Versus ----Petitioner

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

2. The Director, State Health And Family Welfare Institution, Jaipur.

3. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur

4. The Principal Medical Officer And Secretary, Rajasthan Medicare Relief Society, Alwar. ----Respondents [2025:RJ-JP:33423] (4 of 7) [CW-18975/2024] For Petitioner(s) : Mr. Akshit Gupta with Mr. Pragya Seth Mr. Anand Sharma for Mr. Arvind Kumar Sharma Mr. Ram Pratap Saini For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE MANEESH SHARMA 22/08/2025 Order

1. Learned counsels for the petitioners and respondents have agreed to the fact that the present cases relates to grant of bonus marks on the basis of work experience as a "Nursing Tutor" and the identical issue has been considered and set at rest by the Co- ordinate Bench of this Court at Principal Seat, Jodhpur vide order dated 16.02.2021 in the matter of Savita Manmiya vs. State of Rajasthan & Ors. passed in S.B. Civil Writ Petition No. 2835/2020, which has been confirmed in the matter of State of Rajasthan vs. Savita Manmiya in D.B. Spl. Appl. Writ No. 63/2022 decided on 12.03.2025.

2. The counsel for the parties therefore submit, that the aforesaid writ petitions, namely, S.B. Civil Writ Petitions No. 18975/2024, 8971/2023, 19464/2024 & 850/2025 may kindly be decided in light of the order dated 16.02.2021 in Savita Manmiya (Supra) which has now attained finality in view of the order dated 12.03.2025 passed by the Division Bench of this Court at Principal Seat, Jodhpur in D.B. Spl. Appl. Writ No. 63/2022 titled "State of Rajasthan vs. Savita Manmiya". [2025:RJ-JP:33423] (5 of 7) [CW-18975/2024]

3. Heard and considered the submissions made at bar and perused the material available on record, as well as the order passed by the Co-ordinate Bench of this Court in the case of Savita Manmiya (Supra) and the decision passed in D.B. Spl. Appl. Writ No. 63/2022 (Supra).

4. Since the controversy involved in these writ petitions has already been set at rest in the case of Savita Manmiya (Supra) with the following prayers and directions:- “27. In the considered opinion of this Court, Rule 19 of the Rules of 1965, which deals with the grant of bonus marks, is ameliorative in nature. If a candidate has worked under a scheme of the Government and has performed identical or similar duties, which are required to be performed by the person manning the post which is advertised, the State cannot adopt a telescopic or technical approach to deny the grant of bonus marks to such a candidate.

28. The State cannot gainsay the fact that the petitioner has discharged the responsibilities of a Nurse Gr.II, may be, to a small extent at least, while giving on field training or giving instructions or at least in an emergent situation or in the absence of a nurse. If that be so, the respondents cannot deny the grant of bonus marks to a Nursing Tutor, as the advertisement uses the expression 'Expression of similar work' and not work of Nurse Gr.II per se. In the face of words 'similar work', the quantum, [2025:RJ-JP:33423] (6 of 7) [CW-18975/2024] percentage or extent of work becomes irrelevant, particularly in the given factual backdrop.

29. That apart, the grant of bonus marks is an impetus provided to contractual employees, who have worked under the State Government or under the enumerated schemes of the Government, and thus, denying the petitioner bonus marks on a rather technical ground that the petitioner's job responsibilities are not those of Nurse Gr.II, is iniquitous.

30. The writ petition is, therefore, allowed. The respondents are directed to grant bonus marks to the petitioner on the basis of her experience as Nursing Tutor cum Clinical Instructor. The respondents are directed to award requisite bonus marks to the petitioner, obviously after verifying the certificates under consideration and accord her appointment, if she is meritorious and otherwise eligible. Needful to be done within a period of six weeks from today.

31. The petitioner shall appear before the respondent No.3 on 01.03.2021 along with her original certificate(s) and other relevant documents. The respondent No.3 or his nominee shall verify the same and do the needful, as directed above.”

5. Accordingly, the instant writ petitions stand disposed of in the light of similar directions issued in the case of Savita Manmiya (Supra). [2025:RJ-JP:33423] (7 of 7) [CW-18975/2024]

6. The writ petitions are, therefore, allowed. The respondents are directed to grant bonus marks to the petitioners on the basis of their experience as Nursing Tutor cum Clinical Instructor. The respondents are directed to award requisite bonus marks to the petitioners, obviously after verifying the certificates under consideration and accord the petitioners appointment, if they are meritorious and otherwise eligible. Needful be done within a period of eight (8) weeks from today.

7. The petitioners shall appear before the concerned respondents along with their original certificate(s) and other relevant documents. The concerned respondents or their nominee shall verify the same and do the needful, as directed above.

8. Stay applications as well as all pending applications, if any, also stand disposed of. SOURAV /26-28-51-76 (MANEESH SHARMA),J