Sarita Vishnoi vs State Of Rajasthan And Ors

The petitioner has approached this Court with limited grievance that despite having worked as a Nurse in Dr. S.N. Medical College, Ummed Hospital, Jodhpur, the Principal of the Medical College is not countersigning the experience certificate, though it has been duly signed by Dr. Rakesh Jora (M.D), Professor (Pediatrics) Dr. S.N. Medical College, Jodhpur, Ummaid Hospital, Jodhpur.

Learned counsel for the petitioner submits that in identical writ petition being SB Civil Writ Petition No.06/2020 (Om Prakash & Ors. Vs. State of Rajasthan & Anr.), this Court vide order dated 06.01.2020 had allowed the petition and directed the respondents to issue experience certificate to the petitioners within a period of three days.

Petitioner's claim is that as per the experience, she has gained, while serving as Nurse Grade-II, she is entitled for Bonus Marks and, thus, the respondent No.3 be directed to countersign the experience certificate (Annex.-9), issued to her.

Ms. Vandana Bhansali, learned counsel appearing for the respondents, is not in a position to point out any distinction on facts or on law.

Without going into petitioner's entitlement for award of Bonus Marks, this Court feels that a Principal cannot refuse to countersign an experience certificate, at this stage, if he is of the opinion that the candidate is not entitled for bonus marks.

In view of the aforesaid, the present writ petition is disposed of with the direction to respondent No.3 to countersign the certificate (Annex.-9), issued in favour of the petitioner within a period of three days of placing a certified copy of the order instant, along with original experience certificate, of course after verifying the span of service rendered by her.

Needless to observe that merely because this Court has directed to countersign the certificate, it shall not entail award of bonus marks to the petitioner. The competent authority shall decide petitioner's entitlement with respect to bonus marks on the basis of experience she has obtained, in case occasion so arises.

The petitioner shall also be free to take up her cause, in case the respondents did not award bonus marks to her, as this Court has not pronounced upon her entitlement of bonus marks.

The stay application is also disposed of.