[2025:RJ-JP:17542] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6077/2025 Namrata Vaishnave D/o Rajkumar Vaishnave, aged About 35 Years, R/o 115, Ghosiyo Ki Masjide Ke Piche, Ghosi Mohalla, Jhalrapatan, Jhalawar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, through Principal Secretary, Department Of Medical Health Services, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. Director, Department of Medical And Health, Rajasthan, Jaipur. 3. State Institute of Health And Family Welfare (SIHFE), Jhalana Institutional Area, Jaipur through its Director. ----Respondents For Petitioner(s) : Mr. Jitesh Kumawat for Mr. Pradeep Singh For Respondent(s) : Mr. Prakhar Jain for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/04/2025 1. Petitioner is aspiring for appointment on the post of Pharmacist under Un-reserved WE Category under the selection process initiated vide advertisement dated 05.05.2023 but since she scored 54.505 marks, which is less than the cut off marks of her category i.e. 55.833, she has not been shortlisted in the final select list dated 24.03.2025 (Ann.6), hence this writ petition. 2. At this juncture, petitioner has questioned her experience certificate dated 26.05.2023 (Ann.3), raising a point that her experience certificate has been issued for a period of 1 year 10 months and 2 days only (for the period from 11.04.2016 to 07.04.2018), calculating 26 working days in a month (312 working days in a year) and on the basis of such experience, she [2025:RJ-JP:17542] (2 of 3) [CW-6077/2025] has been awarded 10 bonus marks whereas she is entitled to obtain 20 bonus marks, since her experience certificate ought to have been issued for a period of more than 2 years, calculating a month for 30 days and a year for 365 days. To buttress the above contention, counsel for the petitioner has placed reliance on the judgment dated 11.01.2021 passed by Coordinate Bench at Principal Seat, Jodhpur in case of Mahipal Lakhera Vs. State of Rajasthan & Ors: S.B.Civil Writ Petition No.2577/2020. 3. In case of Mahipal Lakhera (supra), the experience certificate to the petitioner, for working as Nursing Officer Grade II on contract basis on a Mobile Medical Van, was issued for a period of 3 years 1 month and 27 days but contrary to such experience certificate, she was awarded bonus marks calculating her working days according to the duty chart, hence in that backdrop of factual matrix, the Coordinate Bench observed in paras No.11, 12 and 13, as under:- "11. Looking to the nature of job responsibilities, if a person is required to work on lesser number of days in a month, it would be injustice and disrespect to his hard work or peculiarity of job on account of which he is given duties only for 20 days, despite payment being made for 30 days. 12. It can well be understood that since the petitioner’s duty was to be attached with Mobile Medical Van, he was required to work only for 20 days, obviously looking to the onerous nature of the duties. 13. In response to Court’s query, Mr. Mehta admitted that even if a person does not work on Sundays or National Holidays, such days are required to be considered in his experience. If a person despite being assigned duties for 20 days in a month, has been paid salary for the whole month, why would his experience be not of 30 days, particularly when he did not remain absent?” [2025:RJ-JP:17542] (3 of 3) [CW-6077/2025] 4. In the case at hand, it is not the case of petitioner that she has been awarded wages/ remuneration for 30 days nor petitioner questioned her experience certificate dated 26.05.2023 when same was issued. 5. Further perusal of the experience certificate itself depicts that there is a clear note that the experience certificate for working days has been issued taking into consideration the nature of work, payment made for rendering their work supported with the documents, considering the attendance register etc. Thus, for such reason, the reliance placed by counsel for the petitioner to the judgment dated 11.01.2021 passed by the Coordinate Bench in case of Mahipal Lakhera (Supra) is misplaced and the ratio decidendi expounded therein, does not render any help/ support to the case of petitioner for claiming 20 bonus marks. 6. Since indisputably, petitioner has been awarded appropriate bonus marks as per the period of experience mentioned in her Experience Certificate dated 26.05.2023 yet she scored lesser marks than the last cut off marks. Hence, there is no illegality in not shortlisting the petitioner for the post of Pharmacist in the final select list dated 24.03.2025. 7. The writ petition is devoid of substance and same is hereby dismissed. 8. Stay application and any other pending application, if any, also stand disposed of. (SUDESH BANSAL),J TN/16