Experience In Govt Hospitals Can't Be Ignored Merely Because Salary Was Paid By NGO Under PPP Model: Rajasthan High Court
The Rajasthan High Court has held that experience gained by rendering medical services in Government Health institutions, and corresponding benefits, could not be denied to the concerned persons merely because their salary was routed through a charitable trust under an administrative arrangement approved by the State Government. The bench of Justice Nupur Bhati observed that the mode of...
The Rajasthan High Court has held that experience gained by rendering medical services in Government Health institutions, and corresponding benefits, could not be denied to the concerned persons merely because their salary was routed through a charitable trust under an administrative arrangement approved by the State Government.
The bench of Justice Nupur Bhati observed that the mode of salary disbursement was not of legal significance since it could not eclipse the undisputed fact of actual service being rendered and experience being acquired.
For context, the petitioners had participated in the recruitment process for Nursing Officer, wherein they secured merit, but failed to find their names in the final selection list.
They came to know that their candidature was rejected because they were not provided benefit of their experience since they were receiving salary through a charitable trust under the Public-Private Partnership (PPP) Model and not directly from the State Government. Hence, the petition was filed.
It was argued by the petitioners that they were working as Nursing Officers since 2019 against Government-approved posts established under an MOU between the State Government and a charitable trust. Even though their salaries were disbursed by the trust, the fact did not change the nature of jobs. Hence, it was contended that they were entitled to experience benefits.
After hearing the contentions, the Court observed, “The object behind providing the benefit of bonus marks for the purpose of experience in the recruitment process is to recognise and reward candidates who have acquired practical experience while rendering medical services in Government health institutions.”
The Court opined that since the service was rendered by the petitioners against government-approved posts, for the requisite period, mode of salary could not dilute or negate the experience.
Reference was made to the division bench case of Govind Dayma & Anr. v. State of Rajasthan & Ors., in which the Court dealt with similar factual scenario and concluded in favour of the candidates.
Accordingly, the petition was allowed, and the State was directed to grant bonus marks to the petitioners in accordance with their work experience, and resultantly, if found eligible, grant appointment.
Title: Sanjay Kumar & Ors. v State of Rajasthan
Citation: 2026 LiveLaw (Raj) 275