1 2026:CGHC:9185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2130 of 2022 Sunil Kumar Markam S/o Shri Jaisingh Markam Aged About 27 Years Working As Phamasist, Mobil Medical Unit Bhairamgarh, Bijapur, District- Bijapur Chhattisgarh., District : Bijapur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfair, Department, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh. 2 - Chief Medical And Health Officer Old District Hospital, D.N.K. Coloney, Kondagaon, District-Kondgaon Chhattisgarh. 3 - Departmental Selection Committee Kondagaon, District- Kondagaon Chhattisgarh. 4 - Block Medical Officer Bhairamgarh, District-Bijapur Chhattisgarh. ... Respondents For Petitioner : Mr. Ankul Biswas, Advocate For Res./State : Mr. Sanjay Kumar Yadav, Panel Lawyer For Intervenor : Mr. Lukesh Kumar Mishra, Advocate through Video Conferencing Hon'ble Shri Justice Sachin Singh Rajput Order On Board 20/02/2026 1. The present writ petition has been filed by the petitioner with the following prayer:- 2 “10.1 That, this Hon’ble Court may kindly be pleased to quash list issued by the respondent NO. 3so far as relates to the petitioner)and for appropriate direction to the respondents to provide experience number to the petitioner of Covid-19 and allowed to the petitioner in recruitment process of Pharmacist Grade-II.” 2. Learned counsel for the petitioner submits that an advertisement dated 20.10.2021 was published by the Office of Chief Medical and Health Officer, Kondagawn, District Kondagawn (C.G.) inviting applications for appointment on various posts including post of Pharmacist Grade-II for special drive for appointment on Scheduled Tribe category. Total 9 posts were advertised, out of which 7 posts were reserved for the open category Scheduled Tribe candidates whereas two posts were reserved for women of Scheduled Tribe category. As per conditions prescribed in the advertisement, two bonus marks for each year, in which the candidates have worked in the Government/ semi-government//Corporation/ Division/contract /daily wagers and maximum marks would be 10. Thereafter, a circular/executive instruction dated 07.12.2021 was issued by the respondent No. 1 indicating therein that in order to appointment on the post of Class-III and Class-IV in the Health Department, 10 bonus marks would be given for those candidates, who have continued worked for six months in the government institution during Covid-19 Pandemic period. Thus, in light of the above, the candidates should have made an application in lieu of advertisement dated 20.10.2021 who also entitled to get 10 bonus marks, if they were appointed and performed their work under the Government during Covid-19 Pandemic. He further submits that the petitioner has performed his duties with the community Health Centre, Bheramgarh District-Beejapur during Covid-19 pandemic from 25.05.2021 till date, under Jai Ambe Emergency Service, Pvt. Ltd, Mobile Unit. Though the petitioner was 3 working under a private agency however, the said agency was engaged in performing the work of the State government during the Covid-19 period and certificate to that effect (Annexure P/7) dated 21.01.2021 was also issued by the Chief Medical and Health Officer, District Beejapur. Initially, one merit list was prepared, the petitioner was awarded 61 marks including 10 marks for working in Covid-19 pandemic period however, when the final list was prepared, the 10 marks awarded to the petitioner was deducted and he was placed at serial No. 12 whereas in the first provisional list, he was placed at serial No. 7. He further submits that non awarding of 10 marks to the petitioner is bad in law and liable to be set aside. He placed reliance the judgment of this Court in WPS No. 5749 of 2022 (Chandrakant Sahu Vs State of Chhattisgarh and Ors.) dated 08.08.2024. 3. Per contra, learned counsel for the State as well as learned counsel for the intervenor while opposing the submissions made by counsel for the petitioner would submit that the petitioner performed his duties in a private agency, thus, he is not entitled to get any bonus marks. Apart from this, they submit that the certificate was not submitted at the time of verification of the documents, thus, there is no illegality or irregularity in placing the petitioner at serial No. 12 in final merit list. 4. I have heard learned counsel for the parties and perused the records. 5. The perusal of the advertisement dated 20.10.2021 indicates that there were total 9 posts advertised for appointment on the post of pharmacist grade- II. These posts are to be filled from the candidates of scheduled tribe category. Out of 9 posts, 7 post for open category and 2 post were reserved for scheduled tribe woman. Annexure P/3 is a merit list which appears to be a provisional merit list, in which 10 marks has given to the petitioner and thus he 4 was awarded 61 marks and ranked at serial No. 7. After the objections were invited, a provisional merit list was prepared in which 10 marks earlier granted to the petitioner was deducted and was awarded only 51 marks placing him at serial No. 12. Annexure P/7 is a certificate issued by Chief Medical & Health Officer, Beejapur District-Beejapur dated 21.01.2021, which indicates that the petitioner has performed his duties as Pharmacist in the Jai Ambe Priviate Limited mobile unit for Community Health Centre, Bheramgarh, District- Beejapur during Covid-19 pandemic period from 25.05.2021, till that day. The submission of the respondents is that the petitioner worked in a private agency thus, he is not entitled to get any bonus 10 marks. 6. This Court in the matter of Chandrakant Sahu Vs. State of Chhattisgarh 1 has observed in paragraph 8 as under :- “8. This Court cannot lose sight of the fact that during the Covid-19 pandemic period, the whole world including the nation was under great duress and distress and difficulty faced by the people of this country cannot be looked into by the State only and various NGOs have given their support and help in combating with the Covid-19 pandemic. Therefore, this Court is of opinion since the petitioner is able to prove that he has worked during Covid-19 period and as denial of 10 marks as bonus point requires interference by this Court. 7. From perusal of the certificate it appears that even if the petitioner was working in the private agency, but that agency was performing the duty under a government institution which is quite evident from Annexure P/ 7. 1 WPS No. 5749 of 2022, decided on 08.08.2024 5 8. Learned counsel for the respondents submit that in many cases, in order to obtained 10 bonus marks, forged and fabricated certificate are being submitting by the candidates, which was revealed later on, thus the respondents may be granted a liberty to verify the certificate issued by the Chief Medical Officer, Beejapur. 9. Learned counsel for the petitioner has placed on record the select list of the candidates ,which is taken as a part of record. According to which, only 8 candidates were selected for appointment on the post of pharmacist Grade-II and one post was kept on hold in light of the pendency of this writ petition before this Court. The said fact was not disputed by the learned counsel for the respondent/State. Thus, in the given facts & circumstances of the case, and the submission made by learned counsel for the parties herein above, it is ordered that the respondent/State shall verify the certificate (Annexure P/7) and if it is found that the certificate is a genuine one, would award 10 marks and re-assess the marks and thereafter would proceed to pass appropriate order with regard to appointment of the petitioner on the post of pharmacist Grade-II. This exercise be done within a period of 60 days from the date of receipt / submission of copy of this order. 10. With the aforesaid observation(s)/direction(s), this writ petition is disposed of. 11. All pending interlocutory application(s) if any, are disposed of. No costs. Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2026.02.28 18:03:37 +0530