State of Rajasthan, Through Principal Secretary, Department of Medical And Health Services v. State of Rajasthan, Through Principal Secretary, Department of Medical And Health Services
2025-03-03
ARUN MONGA
body2025
DigiLaw.ai
Order : 1. Petitioners herein, inter alia, seek issuance of an appropriate writ, order and/or direction commanding the respondents to consider their services rendered during Covid-19 for grant of bonus marks while issuing experience certificate as provided to Covid Health Assistant (C.H.A.) for appointment on the post of Nursing Officer pursuant to the advertisement dated 05.05.2023. 2. Briefly speaking, the facts pleaded in the petition are that the services of the petitioners were utilized during the COVID-19 pandemic due to a shortage of medical staff. Despite the engagement of the petitioners, who were pursuing the GNM course, the State Government also recruited CHAs to conduct surveys and distribute medicines door to door. 2.1. The respondents issued an advertisement on 16.11.2022 for the recruitment of Nursing Officers. A writ petition, SBCWP No.18156/2022 (Ritesh Gochar vs. State of Rajasthan & Ors.), was filed at the Jaipur Bench, raising the grievance that the experience certificate was not issued in the prescribed format. As a result, the petitioners were unable to upload their experience certificates while submitting their application forms for the Nursing Officer/Pharmacist posts pursuant to the advertisement dated 16.11.2022. 2.2. The writ petition was disposed of by an order dated 01.02.2023, with the direction that the respondents would resolve the issue of granting bonus marks to the C.H.A. who provided their services during the pandemic, in accordance with the order/circular dated 03.05.2021. 2.3. In light of the order/circular dated 03.05.2021 issued by the Government of India and the direction given by this Court at the Jaipur Bench in its order dated 01.02.2023, the respondents reviewed the case of C.H.A. and deemed them eligible for bonus marks in the regular recruitment for the post of Nurse Gr.-II. Consequently, the respondents withdrew the earlier advertisement dated 16.11.2022. 2.4. The respondent department, by order dated 25.04.2023, granted bonus marks to aspirants who provided medical services during the critical Covid-19 period from 22.03.2020 to 13.02.2022. According to the order, 15 bonus marks were awarded to those who rendered services for up to two years during the Covid-19 period. Additionally, the respondent medical department issued guidelines for the issuance of experience certificates for medical and paramedical services in 2023. 2.5. The respondents issued a detailed advertisement for the Nursing Officer position on 05.05.2023, in which they considered the candidature of C.H.A. who rendered services during the Covid- 19 period for the purpose of awarding bonus marks.
Additionally, the respondent medical department issued guidelines for the issuance of experience certificates for medical and paramedical services in 2023. 2.5. The respondents issued a detailed advertisement for the Nursing Officer position on 05.05.2023, in which they considered the candidature of C.H.A. who rendered services during the Covid- 19 period for the purpose of awarding bonus marks. However, in the case of the petitioners, the respondents are not considering their candidature for bonus marks as a C.H.A. Hence, this petition. 3. The stand taken by the respondents in the reply is that the post of C.H.A., for which the petitioners have claimed parity based on the nature of work and duties, requires the qualification of having completed a GNM course and being registered with the Rajasthan Nursing Council. However, at the relevant time, the petitioners were still undergoing the course and did not possess the requisite professional qualification. 3.1. According to the office order dated 25.04.2023, which outlines the eligibility criteria for granting bonus marks, the petitioners do not meet the requirements to claim the bonus marks. The petitioners were neither engaged on a contract basis nor on a temporary basis, and therefore, do not fall under the definition of 'Karmik,' who are entitled to receive bonus marks. 3.2. The statutory enabling provisions of extending the benefit of bonus marks is found in Rule 19 of the Rules of 1965 , which clearly indicates that it is within the exclusive domain of the State Government to set the criteria for granting bonus marks, as well as the conditions for the validity of the experience certificate upon which the benefit of such experience is based. In the absence of any challenge to this Rule before the appropriate forum, the writ petition is not maintainable. 4. In the aforesaid backdrop, I have heard learned counsel for the parties and perused the case file. 5. Before adverting to the merits of the claim of petitioners, pertinent it is to observe at the very threshold that conceded position as per the case pleaded in affirmative by the petitioners is that they are seeking benefit of their having interned during the Covid period in the health sector while they were pursuing their diploma in GNM. 6. On a pointed query to the counsel for the petitioners as to whether the diploma can be awarded without completion of the internship, the answer is in negative.
6. On a pointed query to the counsel for the petitioners as to whether the diploma can be awarded without completion of the internship, the answer is in negative. Being so, it thus emerges that internship is an integral part of the academic curriculum for the diploma in question and the same cannot therefore be termed as an employment but rather is continuation of the studenthood. On that ground alone petitioners are not entitled to seek benefit of any bonus marks claiming that they were under employment and/ or had worked as health workers, the writ petition is liable to be dismissed. 7. Aside above, my attention has been drawn to a judgment dated 23.01.2023 rendered in the case of Pramila & Ors. vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 14794/2022 by a co-ordinate Bench of this Court, wherein, similar controversy has already been put to rest by dismissing the claim of similarly situated counterparts of the petitioners. 8. I am in respectful agreement with a view taken by my learned brother in the aforesaid judgment. The same is not being reproduced for sake of brevity. 9. Dismissed accordingly. 10. Pending application, if any, stand disposed of.