[2025:RJ-JP:43012-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 759/2025 In S.B. Civil Writ Petition No.19348/2024 1. Punam Dhamniya D/o Ramesh Chand, Aged About 46 Years, R/o Plot No. 5, Ganesh Nagar, Opposite ESI Hospital, Hatwara Road, Sodala, Jaipur (Rajasthan). 2. Narendra Raigar S/o Ramswaroop Raigar, Aged About 31 Years, R/o Village & Post Palasod, Tehsil Bamanwas, District Sawai Madhopur (Rajasthan) 322214. 3. Maonoo Kumar Jindal S/o Girraj Prasad Gupta, Aged About 38 Years, R/o In Front of Gulkandi Devi School, Narayan Plaza Udai Mode, Ward No. 32, Gangapur City, District Sawai Madhopur 322201. 4. Nirmala Verma D/o Maliram Verma, Aged About 38 Years, R/o Village, Post & Tehsil Danta Ramgarh, District Sikar (Rajasthan). 5. Babu Lal Bairwa S/o Sita Ram Bairwa, Aged About 40 Years, R/o Village & Post Patan, Tehsil Bassi, District Jaipur. ----Appellants/Petitioners Versus 1. The State of Rajasthan, Through Its Secretary, Department of Medical Health and Family Welfare, Government of Rajasthan, Secretariat, Jaipur. 2. The Director, State Institute of Medical Health and Family Welfare, Jhalana Doongri Colony, Ghat Ki Guni, Jaipur (Raj.). 3. The Joint Secretary, Medical And Health Department (Gr.-3), Jaipur, Rajasthan. 4. Mippu D/o Shri Ramji Lal Kumhar, Selected At Sr. No. 4071, Through The Director, State Institute of Medical, Health And Family Welfare, Jhalana Doongri Colony, Ghat Ki Ghuni, Jaipur (Raj.). 5. Sangeeta D/o Satya Narayan, Selected At Sr. No. 4072, Through The Director, State Institute of Medical, Health And Family Welfare, Jhalana Doongri Colony, Ghat Ki [2025:RJ-JP:43012-DB] (2 of 4) [SAW-759/2025] Ghuni, Jaipur (Raj.). ----Respondents/Non-Petitioners For Appellant(s) : Mr. Vijay Pathak HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 27/10/2025 1. The challenge in the present appeal is the order dated 28.04.2025 passed by the learned Single Judge wherein, he follows a judgment dated 22.09.2023 passed by the Principal Seat, Jodhpur in “Devi Kumari & Ors. Vs. State of Rajasthan & Ors.” (S.B. Civil Writ Petition No.14029/2023). 2. In Devi Kumari’s judgment, the State was asked to take a final decision with regard to the experience certificate issued by the FRHS India Institute relating to experience gained by the candidates. The State Government through Director, Medical and Health answered the query in negative and it was decided not to accept the experience certificate issued by FRHS India Institute and the NGO. Accordingly, the writ petition of Devi Kumari was dismissed. 3. In the present case too, the appellants/writ-petitioners had claimed the benefit of experience gained with FRHS India and, accordingly, the appellants’ writ petition was dismissed. 4. We are informed that no appeal has been preferred by Devi Kumari as against the judgment passed at Principal Seat, Jodhpur. 5. In the present case, the appellants have preferred this appeal and submit that in the earlier round of litigation, the learned Single Judge has directed the authorities to take into [2025:RJ-JP:43012-DB] (3 of 4) [SAW-759/2025] consideration their experience certificate issued for the work done during COVID period. A bunch of writ petitions have been allowed jointly to the said extent and learned counsel, therefore, submits that the learned Single Judge has erred in relying on Devi Kumari’s case. He submits that bonus marks ought to be granted to them for the work identically done by them under the FRHS India as done by persons who are working with the Government Organization. 6. We have carefully considered the submissions and noticed that in the bunch of writ petitions decided on 01.02.2023 by this Court with principal case of “Ritesh Gocher & Ors. Vs. State of Rajasthan & Ors.” (S.B. Civil Writ Petition No.18156/2022 and other connected writ petitions), the learned Single Judge made following observations : “10. Nevertheless, the provisional experience certificate shall be issued to such Covid Health Assistants who have rendered their services during pandemic Covid-19 pursuant to the appointment given by the State Government and their claim for bonus marks shall be subject to the decision of the State Government as stated hereinabove. 11. As far as entitlement of petitioner(s) to obtain the bonus marks on the basis of their respective experience certificates, issued pursuant to directions of the Hon’ble Court in case of Lala Ram (Supra) and under interim orders passed by this Court, respondents would decide their entitlement according to the policy and [2025:RJ-JP:43012-DB] (4 of 4) [SAW-759/2025] in case any of the petitioner(s) or persons is/are aggrieved for non-grant of bonus marks on the basis of his/her experience certificate(s), he/she/they would be at liberty to raise the issue before this Court, if any cause of action arises in this respect. In these writ petitions the Court has not addressed the issue of entitlement of bonus marks, on the experience certificate(s) ordered to be issued to them.” 7. From the aforesaid, it is apparent that the experience certificates which the Court directed were with respect to the work done by the Covid Health Assistants pursuant to the appointment given to them by the State Government and not by the private agency and, therefore, claiming parity with the aforesaid cases, is wholly misconceived. 8. With regard to the issue of working experience certificate from an NGO, we are of the firm view that certificates obtained from Non Government Organizations cannot be treated as equivalent to that of as granted by the State Government or its Authorities. They are two different classes and cannot claim parity on the said issue. 9. We, therefore, do not find any error in the order passed by the learned Single Judge. The present appeal is misconceived and is, accordingly, dismissed. 10. All pending applications stand disposed of. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ AMIT /4