[2025:RJ-JP:16974] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15307/2024 Ms. Rashmi Nagar D/o Shri Pradyuman Nagar, Aged About 26 Years, R/o Shriram Studio, Near Janki Fort Garden, Bapji Nagar Road, Baran. ----Petitioner Versus 1. State Of Rajasthan, Department Of Medical And Health, Secretariat, Jaipur, Through Its Secretary. 2. Directorate Of Medical And Health, State Of Rajasthan, Jaipur, Through Its Director. 3. State Institute Of Health And Family Welfare (Sihfw), Jhalana Institutional Area, Jaipur Through Its Director. 4. Joint Director, Medical And Health Services, Kota Zone, Kota. 5. Chief Medical And Health Officer, Baran, District Baran. ----Respondents For Petitioner(s) : Mr. Arvind Gupta For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 22/04/2025 1. The issue involved in the instant writ petition is in respect of entitlement of petitioner for 15 bonus marks on the basis of Experience Certificate dated 16.01.2023 (re-verified vide Certificate dated 16.09.2023) for rendering work as ANM (UTB) during Covid-19 period from 18.10.2021 to 30.04.2022, for considering the candidature of petitioner for appointment on the post of ANM (OBC-NCL Female) category pursuant to advertisement dated 19.05.2023 (Ann-10). 2. Heard respective counsel for both parties and perused the pleadings as also documents enclosed therewith. 3. Undisputedly, petitioner scored 53.725 marks and has been granted zero marks against bonus marks and her experience of [2025:RJ-JP:16974] (2 of 4) [CW-15307/2024] working as ANM (UTB) in the Covid-19 period from 08.10.2021 to 30.04.2022 has not been considered for grant of bonus marks. It is evinced from the record that as per final merit list dated 04.09.2024, the candidates who scored 63.508 marks in the OBC- NCL Female category have been selected. As per the Circular of the Government of Rajasthan, Medical Department Group-III dated 25.04.2023, 15 bonus marks are to be counted additionally in favour of aspirants, who have worked as ANM less than 2 years during Covid-19 period. 4. It appears that respondents declined to grant bonus marks to the petitioner on the basis of her Experience Certificate dated 16.01.2023 (re-verified vide Certificate dated 16.09.2023), fundamentally for the reason that same is preceding date than the date of issuance of advertisement dated 19.05.2023 and same has not been issued by the prescribed authority in the prescribed format in terms of instructions indicated in the advertisement. 5. Counsel for both parties, during course of arguments, are ad idem that the issue raised herein has squarely been answered by the Coordinate bench of this Court at Principal Seat, Jodhpur in case of Bhagwan Puri Goswami Vs. State of Rajasthan : S.B. Civil Writ Petition No. 10537/2024 decided on 02.09.2024 and relying upon such judgment, in an another order dated 01.10.2024 passed in Soniya Bhagora Vs. State of Rajasthan: S.B. Civil Writ Petition No. 15657/2024. The relevant portion of the discussion is being reproduced hereunder:- “The contention of learned counsel for the respondents with respect to the experience certificate is that the said certificate has to be issued between 19.05.2023 (i.e. the date of advertisement) and 18.06.2023 (which the last date of application form) is [2025:RJ-JP:16974] (3 of 4) [CW-15307/2024] not admissible and noted to be rejected on the ground that in the present case, the experience certificate has been issued on26.01.2023 showcasing the experience of working of the petitioner on the post of Covid Health Worker from 28.07.2021 to 31.03.2022. Nevertheless, the certificate has been issued by the Competent Authority and the same has not been disputed by the respondents. The fact of the matter is that even if an experience certificate is issued either on 26.01.2023 or between 19.05.2023to 18.06.2023, the relevant point is whether the work experience of a candidate is between the COVID period or not, therefore, in the opinion of this Court the date of issuance of certificate is not relevant. The only relevancy is the work performed by a probable candidate in the COVID period for which the bonus marks have been ordered to be given by the State Government by issuing an order dated 25.04.2023. The objection raised by the respondents that the certificate of experience should have been issued between19.05.2023 to 18.06.2023, therefore, is absolutely inconsequential and the same cannot be said to be based on any rationality. The condition of producing the experience certificate, if issued between the period of 19.05.2023 to 18.06.2023 cannot be made admissible or cannot be limited to that extent as the purpose of keeping this date is only to have more and more participation of the candidates and, therefore, limiting those candidates only to that extent cannot be held justified. Therefore, any candidate having an experience certificate of performing any duties in the respondent Department during the COVID-19 period and a certificate issued by the Competent Authority is produced before the respondents, the same is liable to be taken into consideration for awarding bonus marks.” 6. It has been pointed out that the representation submitted by the petitioner to consider her candidature for award of 15 bonus marks, has been rejected vide order dated 30.12.2024 during course of this writ petition. The copy of order dated 30.12.2024 [2025:RJ-JP:16974] (4 of 4) [CW-15307/2024] has been placed on record by the petitioner as also by the respondents. 7. This Court is of the considered opinion that the entitlement of petitioner, for grant of bonus marks, deserves to be decided in affirmative in favour of petitioner in light of order dated 01.10.2024 passed in Soniya Bhagora (supra) referred hereinabove. 8. As a result, instant writ petition is allowed. The action of respondent denying grant of bonus marks to petitioner and dismissing her representation vide order dated 30.12.2024 are declared as non-est and hereby quashed. Petitioner is declared to be entitled for 15 bonus marks for Experience in pursuance of her Experience Certificate dated 16.01.2023 (re-verified vide Certificate dated 16.09.2023) in the recruitment of ANM against advertisement dated 19.05.2023. 9. Since petitioner has scored 53.725 marks and has been held entitled for additional 15 bonus marks, her total score comes to 68.725 marks (53.725 + 15), which is higher than the last selected candidate in the final select list dated 04.09.2024 in the OBC-NCL Female category i.e. 63.508 marks, therefore, respondents are directed to consider the petitioner for grant of appointment on the post of ANM pursuant to the advertisement dated 19.05.2023 subject to fulfilling eligibility and other qualification in that respect. 10. Needful be done within a period of four weeks. 11. It is made clear that petitioner shall be entitled for notional benefits including seniority with the other aspirants, who have been selected on merits in the final select list dated 04.09.2024, though, the actual monetary benefits shall be payable to petitioner from the date of joining. 12. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /196