Mithu Lal Dhaker, S/o. Kalu Ram Dhaker v. State of Rajasthan, Through The Principal Secretary, Medical And Health Department
2025-04-28
SUDESH BANSAL
body2025
DigiLaw.ai
Order : (SUDESH BANSAL, J.) 1. The issue involved in this batch of writ petitions is identical in nature, hence, with consent of counsel for both parties, all writ petitions have been heard together and would stand decided by this common order. 2. Petitioners are aggrieved by not granting bonus marks for their experience gained from working with FRHS India and thereby depriving the petitioners from appointment on merits on the post of Nursing Officer in their respective category pursuant to advertisement dated 05.05.2023. 3. Counsel for respondents, at the outset, has pointed out that the issue involved in the instant batch of writ petitions has already been answered in negative, and the persons working with FRHS India, which is neither a Government Body nor does it fall under the Scheme of Government of Rajasthan, has not been found eligible to obtain the bonus marks, in the order dated 22.09.2023 passed in S.B. Civil Writ Petition No. 14029/2023 titled as Devi Kumari Vs. State of Rajasthan at Principal Seat, Jodhpur. For ready reference, the relevant Para Nos. 6 to 11 of the order are being reproduced hereunder:- “6. There is no gainsaying the fact that the petitioners are working with FRHS India, which is neither a Government Body nor does it fall under the Scheme of Government of Rajasthan. 7. In case of Jogesh Singh Chouhan (supra), this Court had observed that the persons working under the FRHS India Institute, an agency providing family planning services not only to the State-run hospital but also to private hospitals, are not prima-facie entitled for experience certificate or bonus marks. Relevant extract of Jogesh Singh Chouhan’s case (supra) reads thus:- “13. These petitions are therefore disposed of with the directions to the Director, Medical Health (Non-Gazetted) to take concrete decision as to whether the petitioners and all other similarly situated candidates having worked with or through FRHS India are entitled for bonus marks or not. 14. Since, the last date for submission of application form is reportedly 07.01.2023, it will be required of the Director to take a final view latest by 6:00 pm on 05.01.2023. 15. In case the Director Medical Health (Non-Gazetted) comes to a conclusion that petitioners and other candidates having worked through FRHS India are entitled for experience certificate and bonus marks, he shall issue brief guidelines in this regard and circulate the same to all the concerned authorities.
15. In case the Director Medical Health (Non-Gazetted) comes to a conclusion that petitioners and other candidates having worked through FRHS India are entitled for experience certificate and bonus marks, he shall issue brief guidelines in this regard and circulate the same to all the concerned authorities. 16. In case he is of the view that the petitioners are not entitled for bonus marks, he shall pass as peaking order in this regard and upload the same in the official website. 17. Stay petitions also stand disposed of accordingly.” 8. It is to be noted that pursuant to the direction issued to the Director, Medical and Health Department, the question as to whether the persons having worked with FRHS India Institute are entitled for bonus marks or not has been decided by order dated04.01.2023. The State has arrived at the decision that the persons working with FRHS India Institute are not entitled for experience certificate and bonus marks. 9. A copy of the order dated 04.01.2023, which has been placed for Court’s perusal is taken on record. 10. A perusal of the above order shows that the respondents have taken into consideration the nature of work done and contract of FRHS India Institute with the State-run hospitals and all other relevant factors. The order is well reasoned and based on valid consideration. 11. This Court does not find any error or illegality in the decision aforesaid. The petition is, therefore, dismissed.” (emphasis supplied) 4. Since the issue has already been considered and answered by the Coordinate Bench of this Court against the petitioners, hence, the claim for entitlement of bonus marks by the petitioners on the basis of working experience with FRHS India is not required to be adjudicated again on merits. 5. Accordingly, the writ petitions are hereby dismissed in the light of order dated 22.09.2023 passed in case of Devi Kumari (supra). 6. Interim stay order(s) stand vacated. 7. Stay applications and other pending application(s), if any, also stand disposed of. 8. A copy of this order be placed in each connected file.