Salary via charitable trust can’t deny experience benefit: Rajasthan High Court orders nursing officer appointments
Rajasthan High Court quashes rejection of nursing candidates whose experience was denied merely because their salary came through a charitable trust.
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The bench of Justice Nupur Bhati
Jodhpur: The Rajasthan High Court has quashed the rejection of three candidates’ applications for the post of Nursing Officer, holding that experience gained while serving in a Government-approved health institution cannot be discounted merely because their salaries were disbursed through a charitable trust operating under a Public-Private Partnership model.
Dr. Justice Nupur Bhati allowed the writ petition filed by Sanjay Kumar, Chandrika Garg and Bheru Lal, who had worked as Nursing Staff since October 2019 at a Government Community Health Centre in Ghanerao, Pali district, but whose candidature for Nursing Officer Recruitment-2023 was rejected for non-verification of their experience certificates.
Relying on the Division Bench’s affirmation in State of Rajasthan & Ors. v. Govind Dayma & Anr., the Court observed:
“This Court is of the firm opinion that receipt of remuneration from a State Agency or otherwise may, at best, constitute one of the relevant factors where there exists any doubt regarding the actual discharge of duties in a Government Hospital or the genuineness of the experience gained, however, such a criterion loses importance once it stands admitted and duly established that the respondent-candidates had, in fact, discharged their duties in a Government Hospital and had thereby, acquired practical experience in similar work within such Government institution.”
The petitioners had applied pursuant to an advertisement dated May 5, 2023, and secured marks above the cut-off of their respective categories in the provisional merit list dated Dec 6, 2024. However, in the final merit list dated Mar 24, 2025, their results were kept on hold over non-verification of experience certificates, culminating in the rejection of their candidature on Jul 24, 2025, even though they had served continuously, including through the COVID-19 pandemic, on Government-approved posts under a Memorandum of Understanding between the State and a charitable trust.
Appearing for the petitioners, Mr. Himanshu Pareek submitted that the rejection was founded solely on the mode of salary disbursement and that the respondents did not dispute that the petitioners had worked in a Government Community Health Centre performing duties equivalent to Nursing Staff/Nursing Officer. It was argued that once the factum of service and the authenticity of the experience certificates stood verified by the competent Medical and Health authorities, denial of experience on the ground of salary source was arbitrary and defeated the very object of granting bonus marks.
Counsel relied on the judgment in Govind Dayma & Anr. v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 9104/2025), where a Single Judge held that Lab Technicians who had worked in a Government hospital during the COVID-19 period could not be denied bonus marks merely because they were paid through an NGO managing the hospital. That decision was affirmed by a Division Bench in State of Rajasthan & Ors. v. Govind Dayma & Anr. (D.B. Special Appeal (Writ) No. 1550/2025), dismissed on May 20, 2026. Counsel for the respondents, while contending that the petitioners were engaged under a Public-Private Partnership model, was unable to dispute that the controversy was squarely covered by the Govind Dayma ratio.
The Court held that the object of granting bonus marks for experience is to recognise candidates who have acquired practical experience while rendering medical services in Government health institutions, and that routing of salary through a charitable trust under an administrative arrangement sanctioned by the State cannot dilute or negate the experience so gained. It noted that although the petitioners served as Nursing Staff under a Public-Private Partnership model rather than as Lab Technicians paid by an NGO during the pandemic, as in Govind Dayma, this factual distinction was merely incidental and did not affect the underlying legal issue of whether experience earned in a Government institution could be disregarded solely because of the salary route.
The Court accordingly quashed the impugned order dated Jul 24, 2025, and directed the respondents to grant bonus marks to the petitioners as per their work experience. It further directed that if the petitioners, upon the addition of such marks, find place in the merit list and are otherwise found eligible, they be afforded appointment on the post of Nursing Staff/Nursing Officer within eight weeks.
Title: Sanjay Kumar & Ors. v. State of Rajasthan & Ors.
Case No.: S.B. Civil Writ Petition No. 15600/2025
Citation: 2026:RJ-JP:29698
Counsel for petitioner: Mr. Himanshu Pareek
Counsel for respondent: Mr. Tanuj Jain on behalf of Mr. Mukesh Dave, AGC
