Facts
The petitioner participated in the 2026–27 National Health Mission recruitment process for the posts of Nursing Officer/Staff Nurse and 2nd ANM/ANM. She claimed 10 bonus marks for services rendered during the COVID-19 pandemic from 22.03.2020 to 10.02.2022 at Civil Hospital, Khairagarh, on the basis of an experience certificate dated 08.08.2023.
Source reference: para. 1Although the certificate was issued by the Block Medical Officer, Khairagarh, it was countersigned by the Chief Medical and Health Officer (CMHO) on 21.08.2023. The CMHO subsequently clarified by communication dated 08.08.2026 that the certificate had been duly countersigned by him. During the recruitment process, the petitioner was found ineligible for the bonus marks on the ground that the certificate had not been issued by the District-level authority contemplated under Clause 21(A) of the advertisement.
Source reference: paras. 2–4Issues
1. Whether an experience certificate issued by the Block Medical Officer and subsequently countersigned by the Chief Medical and Health Officer satisfies Clause 21(A) of the recruitment advertisement.
Source reference: paras. 4, 62. Whether the petitioner was entitled to consideration for 10 bonus marks for COVID-19 pandemic service and consequential participation in the selection process.
Source reference: paras. 1, 8–11Law Applied
Clause 21(A) of the recruitment advertisement required experience certificates, for posts prescribing experience, to be issued by the competent District-level authority, while also recognizing certificates issued by public and Government-funded institutions.
Source reference: para. 4The Court applied the principle that substantial compliance with the prescribed certification requirement is sufficient where the certificate is authenticated or countersigned by the competent District-level authority and its validity is subsequently confirmed by that authority.
Source reference: paras. 6–7The award of bonus marks was to be made in accordance with the applicable Government circular governing COVID-19 service-related weightage.
Source reference: para. 8Reasoning
The Court found that the experience certificate expressly certified the petitioner’s service at Civil Hospital, Khairagarh, during the relevant COVID-19 period.
Source reference: para. 6Although initially issued by the Block Medical Officer, it had been countersigned by the CMHO, the competent District-level authority. The CMHO’s subsequent clarification further confirmed the authenticity and validity of the countersignature. Accordingly, the respondents’ objection that the certificate did not comply with Clause 21(A) was held unsustainable, since the countersignature and subsequent clarification sufficiently established compliance with the advertisement.
Source reference: paras. 2, 6–7Holding
The writ petition was allowed. The Court held that the petitioner was entitled to consideration for 10 bonus marks on the basis of her COVID-19 service experience certificate, subject to the applicable Government circular.
Respondent Nos. 5 and 7 were directed to reconsider her case, award the bonus marks, and, if she otherwise satisfied the eligibility and merit requirements, consider her candidature and permit her to proceed in the selection process.
Source reference: para. 9As the skill test and document verification were scheduled for 22.08.2026, the respondents were directed to permit her to participate, subject to her otherwise fulfilling the prescribed eligibility conditions.
Source reference: paras. 10–12Original Court PDF
YOGESHWARI VERMAvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
