IMPORTANT POINT
The court established that public employment must adhere to principles of equality and non-discrimination, affirming that COVID-19 service should be recognized in recruitment processes.

ORDER :

1. W.P. No. 4615 of 2023 is filed seeking the following relief:

“.......to a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in issuing the selection list vide Rc. No. 540/B1/2022 dated 13.01.2023 by deleting the Covid weightage of the Petitioners who served as nurses during the Covid-19 period in the Railway Hospital, Vijayawada which is a Central Government Department as illegal, arbitrary and discrimination shown on the part of the Petitioners and in violation of Article 14, 19 and 21 of the Constitution of India and direct the Respondent authorities to issue a new selection list for the recruitment of Staff Nurse by providing Covid weightage to the Petitioners who served as nurses during the Covid-19 period in the Railway Hospital, Vijayawada which is a Central Government Department and pass such other order or orders......”

2. W.P. No. 4816 of 2023 is filed seeking the following relief:

“.......to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in issuing the final list dated 06.01.2023 by not giving the Covid weightage of the Petitioners who served as nurses during the Covid-19 period in the Railway Hospital, Vijayawada which is a Central Government Department as illegal, arbitrary and discrimination shown on the part of the Petitioners and in violation of Article 14, 19 and 21 of the Constitution of India and direct the Respondent authorities to issue a new revised final list for the recruitment of Staff Nurse by providing Covid weightage to the Petitioners and pass such other order or orders......”

3. Since the issue involved in these two writ petitions is the same, they are disposed of by this common order.

4. The averments of the affidavits, in brief, are that Notification No. 05/2022 dated 01.12.2022 was issued calling for the applications from eligible candidates for appointment of Staff Nurses on a contract basis, for one year. The total number of posts notified is 957 and the qualification prescribed is General Nursing & Midwifery/B.Sc. (Nursing). Clause No. 5 in the notification deals with the method of selection. Clause 5(d) prescribes weightage up to 15% to be given to the candidates working on contract/ outsourcing and honorarium basis, including Covid-19 subject to their satisfactory service certified by the competent authority as per G.O.Ms. No. 211 HM & FW (B2) Department, G.O.Rt. No. 573 HM & FW (B2) Department, G.O.Rt. No. 07 HM & FW (B2) Department, dated 08.05.2021, 01.11.2021, 06.01.2022 respectively, Government Memo No. 3740784/B2/2020 of HM & FW (B2) Dept., dated 14.02.2022, and Circular No. 03/CHFW/2022 of CHFW, AP dated 11.02.2022. Sub-Clause (f) of Clause 5 indicates that COVID-19 weightage shall apply only to the persons, who are appointed by the District Collector or any other competent authority based on the orders issued by the Government from time to time and rendered their services for COVID-19 on contract/outsourcing/ honorarium basis and certified by the controlling officers (DMHO/DCHS/ Principal of GMC/Superintendent of GGH) to that effect.

5. As per the averments in the affidavits, the petitioners applied to the Staff Nurse posts. Petitioner No. 2 in W.P. No. 4615 of 2023 annexed the certificate issued by the Medical Superintendent, South Central Railway Hospital, Vijayawada, counter-signed by the Chief Nursing Superintendent, Railway Hospital, Vijayawada, claiming weightage marks in terms of clause 5 (f) of the notification.

6. The averments of W.P. Nos.4615 and 4816 of 2023 further show that provisional merit lists were published on 21.12.2022 and 24.12.2022 respectively. After the finalization of the provisional merit list, respondent No. 3 published a final list, dated 05.01.2023 for recruitment of Staff Nurses vide Rc. No. 540/B1/2022 dated 06.01.2023, wherein petitioners were not awarded weightage marks, tho