[2026:RJ-JP:12391] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3806/2025 Rahul S/o Shri Sunil Kumar, Aged About 23 Years, Resident Of Village And Post Shahbad, Tehsil Tijara, District Khairthal-Tijara (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur. 2. The Director, Medical And Health Services (Non Gazetted), Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. 3. State Institute Of Health And Family Welfare, Through Its Director, Jhalana Doongri, Jaipur. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. Rahul Verma on behalf of Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 24/03/2026 1. The instant writ petition has been filed by the petitioner with following prayers: "It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:- 1. The respondents may be directed to select and appointment the petitioner on the post of Lab Technician in pursuant to the advertisement dated 31.05.2023 with all consequential benefits with effect from the date any person with less marks than the humble petitioner has been appointed. 2. The action/omission on the part of the respondents in not considering the experience certificate of the humble petitioner and not awarding bonus marks may be declared arbitrary and illegal and accordingly the same may be ordered to be set right by directing the respondents to award bonus marks towards experience of working during COVID-19 period by the humble petitioner on Mobile [2026:RJ-JP:12391] (2 of 3) [CW-3806/2025] Medical Van under National Health Mission through Public Private Partnership Mode for all practical purposes, in the interest of justice including for award of bonus marks for recruitment in the instant recruitment initiated under advertisement dated 31.05.2023. 3. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner." 2. Grievance of the petitioner was that for quite unjustified reasons, the experience acquired by the petitioner of working for 201 days during COVID period was not taken into consideration for the purpose of grant of bonus marks, whereas the petitioner was entitled for 15 bonus marks. It was submitted that, in case, such bonus marks are taken into consideration, the petitioner would find his name at appropriate place in the merit list. 3. Reply to the writ petition has been filed by the respondent. Para 7 & 8 of the reply are reproduced as under: "7. It is most respectfully submitted that on the basis that the petitioner had allegedly secured marks higher than the cut-off prescribed for the OBC-NCL (Male) category, a representation was submitted seeking inclusion of the petitioner's name in the final selection list. The said representation was considered by the Representation Committee in its meeting held on 17.05.2024, wherein, at Item No. 90, it was resolved that since the petitioner had uploaded two experience certificates with the online application, upon re- verification of the said certificates, the petitioner would be entitled to 15 bonus marks as per rules, and accordingly, it was proposed that the petitioner be placed at the appropriate position in the merit list of the concerned category. However, it is submitted that in the final merit list dated 11.06.2024 issued by the State Institute of Health and Family Welfare, Jaipur, the petitioner's result was kept withheld, pending re-verification of the experience certificates. Thereafter, vide letters dated 31.07.2025 and 10.11.2025, the State Institute of Health and Family Welfare, Jaipur sought information regarding the payment corresponding to the experience period mentioned in the experience certificate dated 21.06.2023. 8. It is further submitted that in response thereto, the experience-issuing authority, namely the Chief Medical and Health Officer, Alwar, vide letter dated 18.11.2025, informed that in respect of the experience period 01.02.2022 to 20.10.2022, the process of payment to Gurukripa Hospital Research Centre Pvt. Ltd. is presently under process. As of date, there is no clear confirmation as to whether the petitioner has actually received payment for the said period." [2026:RJ-JP:12391] (3 of 3) [CW-3806/2025] 4. In view of above reply, it is clear that principally the respondents have recognized that the experience certificate possessed by the petitioner was duly verified and the petitioner was entitled to 15 bonus marks subject to verification of payment made to the petitioner for the period during which he had worked. The reply also reveals that at no point of time, the respondent have denied that the payment was not admissible to the petitioner. 5. Learned counsel for the petitioner submits that part of the payment has already been received to the petitioner and it is an internal dispute between the placement agency and the respondents, which has got no concern with the petitioner. 6. In the light of above, where the respondents have principally agreed that the petitioner is entitled for 15 bonus marks, this Court deems it just and proper to dispose of the writ petition with directions to the respondents to consider the candidature of the petitioner after granting 15 bonus marks to the petitioner and, in case, thereafter, the petitioner is found entitled on the basis of his merit position, further orders to appoint the petitioner be issued within a period of 45 days from the date of receipt of certified copy of this order along with notional benefits from the date on which persons having lesser merit from the petitioner have been appointed. 7. Accordingly, the present petition is disposed of. 8. Pending application(s), if any, also stand(s) disposed of. (ANAND SHARMA),J DAKSH/102