The Rajasthan High Court has held that nursing staff who worked on government-approved posts in a Government Community Health Centre cannot be denied experience-based bonus marks in recruitment merely because their salaries were paid through a charitable trust under a Public-Private Partnership (PPP) arrangement. Setting aside the rejection of their candidature, the Court directed the authorities to award bonus marks and reconsider them for appointment as Nursing Staff/Nursing Officers.
Background of the Case
The petitioners had applied for the post of Nursing Officer under the Nursing Officer Recruitment-2023. They participated in the recruitment process, appeared for document verification, and secured marks above the category-wise cut-off in the provisional merit list.
However, their results were kept on hold and later their candidature was rejected by an order dated July 24, 2025, because their experience certificates were not accepted. The authorities took the view that the petitioners were paid through a charitable trust rather than directly by the State Government.
The petitioners argued that they had been serving since October 2019 at Smt. Mohini Devi Jugraj Hingad Government Community Health Centre, Ghanerao, Pali, on government-approved posts established under an MoU between the State Government and a charitable trust. They contended that the source of salary could not wipe out the experience they had gained while working in a government health institution.
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Court's Observations
Justice Dr. Nupur Bhati noted that the dispute had already been settled by earlier decisions of the Court, particularly Govind Dayma v. State of Rajasthan, which was later affirmed by a Division Bench.
The Court observed that the purpose of awarding bonus marks is to recognize candidates who have acquired practical experience while serving in government health institutions.
Rejecting the State's stand, the bench observed:
“Merely because the salary was routed through a charitable trust under an administrative arrangement sanctioned by the State Government cannot dilute or negate the experience so gained.”
The Court further held that once it is undisputed that the candidates actually worked against government-approved posts in a government health institution, the mode through which their remuneration was paid becomes legally insignificant.
Referring to the earlier precedent, the Court said that shifting the focus from actual service rendered to the source of salary defeats the very purpose of granting experience-based bonus marks under the recruitment rules.
The Court found that although the earlier Govind Dayma case involved Lab Technicians while the present matter concerned Nursing Staff working under a PPP model, the distinction was only factual.
According to the Court, the legal issue remained identical—whether experience gained in a government health institution could be ignored solely because remuneration was paid through an NGO or charitable trust instead of directly by the State. The Court answered this question in the negative and held that such a distinction has no legal significance.
Decision
Allowing the writ petition, the Rajasthan High Court quashed the order dated July 24, 2025 rejecting the petitioners' candidature.
The Court directed the respondents to award bonus marks to the petitioners based on their work experience. It further ordered that if, after adding the bonus marks, the petitioners fall within the merit list and satisfy all other eligibility conditions, they shall be offered appointment as Nursing Staff/Nursing Officers within eight weeks. Pending applications and the stay petition were also disposed of.
Case Details:
Case Title: Sanjay Kumar & Ors. v. State of Rajasthan & Ors.
Case Number: S.B. Civil Writ Petition No. 15600/2025
Judge: Hon'ble Dr. Justice Nupur Bhati
Decision Date: 06 July 2026
