Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 614

IN THE HIGH COURT OF RAJASTHAN
Dinesh Mehta, J.
Dilip Kumar Chouhan - Appellant
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 9171/2021, S.B. Civil Writ Petition No. 9173/2021 , S.B. Civil Writ Petition No. 7984/2021, S.B. Civil Writ Petition No. 7599/2021, S.B. Civil Writ Petition No. 7888/2021 , S.B. Civil Writ Petition No. 7986/2021, S.B. Civil Writ Petition No. 7992/2021, S.B. Civil Writ Petition No. 7994/2021 , S.B. Civil Writ Petition No. 8028/2021, S.B. Civil Writ Petition No. 8029/2021, S.B. Civil Writ Petition No. 8031/2021, S.B. Civil Writ Petition No. 8033/2021, S.B. Civil Writ Petition No. 8039/2021 , S.B. Civil Writ Petition No. 8044/2021, S.B. Civil Writ Petition No. 8045/2021 , S.B. Civil Writ Petition No. 8054/2021, S.B. Civil Writ Petition No. 8115/2021, S.B. Civil Writ Petition No. 8116/2021 , S.B. Civil Writ Petition No. 8117/2021, S.B. Civil Writ Petition No. 8126/2021 , S.B. Civil Writ Petition No. 8138/2021 , S.B. Civil Writ Petition No. 8258/2021 , S.B. Civil Writ Petition No. 8462/2021 , S.B. Civil Writ Petition No. 8463/2021 , S.B. Civil Writ Petition No. 8875/2021, S.B. Civil Writ Petition No. 8883/2021, S.B. Civil Writ Petition No. 8876/2021, S.B. Civil Writ Petition No. 9109/2021, S.B. Civil Writ Petition No. 9204/2021, S.B. Civil Writ Petition No. 8475/2021
Decided on : 22-07-2021

Advocates appeared:
Mr. R.S. Saluja, Advocate, Mr. Abhimanyu Singh Rathore, Mr. Adab Khan, Mr. B.S. Rathore, Mr. Saurabh Soni for, Mr. N.K. Sharma, Advocates, for the Petitioner; Mr. K.S. Rajpurohit, AAG with, Mr. Shreyansh Mehta, Mr. Salman Agha for, Mr. A.K. Gaur, AAG, Ms. Vandana Bhansali, Advocates, for the Respondent

The judgment establishes that the specified qualifications for a job position are essential for eligibility, and the employer has the prerogative to decide the educational qualification and other conditions of recruitment.

Headnote:
Nursing - Covid Health Assistants - Order dated 18.05.2021 - [Medical & Health Department] - [Rajasthan Nursing Council] - Covid Health Assistants are required to be qualified as Nurse Gr.II/ GNM coupled with registration with Rajasthan Nursing Council. Petitioners, who are Ayurveda Nurses/Compounders, are ineligible for the posts advertised.
Fact of the Case:

The petitioners, with qualifications of Diploma in Aayush Nursing and Pharmacy, sought direction to engage them as Covid Health Assistants in Rajasthan. The State Government decided to recruit Covid Health Consultants and Covid Health Assistants due to the sudden surge of Covid cases. The petitioners approached the Court as they were not considered for the advertised posts despite being eligible.
Finding of the Court:

The Court found that the petitioners did not possess the required qualifications of Nurse Gr.II/ GNM and registration with the Rajasthan Nursing Council, making them ineligible for the advertised posts of Covid Health Assistants. The Court dismissed the writ petitions and turned down the request to constitute a Committee to decide the educational qualification for recruitment.
Issues: The main issue was whether the petitioners, with qualifications of Diploma in Aayush Nursing and Pharmacy, could be considered for the advertised posts of Covid Health Assistants despite not meeting the specified qualifications of Nurse Gr.II/ GNM and registration with the Rajasthan Nursing Council.
Ratio Decidendi: The Court held that the petitioners, lacking the required qualifications, cannot be considered for the posts advertised and that it is the prerogative of the employer to decide the educational qualification and other conditions of the recruitment.
Final Decision: The Court dismissed the writ petitions, turned down the request to constitute a Committee, and advised the petitioners to address a representation before the Secretary, Medical & Health Department for future engagement opportunities.

JUDGMENT

1. The petitioners involved in this batch of writ petitions are having qualifications of Diploma in Aayush Nursing and Pharmacy (DAN & P) and are qualified to work on the post of Ayurvedic Nurse/Compounder Grade Junior. By way of these petitions, a direction has been sought to engage them as Covid Health Assistants, pursuant to the recruitment notifications, issued by the different Chief Medical & Health Officers of districts of Rajasthan.

2. In a bid to meet the challenges faced by the State on account of sudden surge of Covid cases (second wave), the State Government decided to recruit Covid Health Consultants and Covid Health Assistants and an order dated 18.05.2021 in this regard came to be issued by the State Government.

3. According to the said order, one Covid Health Assistant in each Gram Panchayat; three Covid Health Assistants in each Primary Health Centre and two Covid Health Assistants in each District Hospital Covid Centre were to be engaged on urgent temporary basis. Detailed guidelines in this regard were issued and accordingly recruitments for each district was to be made by a Committee headed by the District Collector. For the post of Covid Health Assistant, qualification prescribed was that a candidate should be Nurse Gr.II/GNM and should be registered with the Rajasthan Nursing Council.

4. Pursuant to the Government order dated 18.05.2021, Chief Medical & Health Officers (being ex-Officio Secretary of the Committee) issued advertisements. In relation to minimum qualification, the advertisements clearly stipulated that the candidate must be a GNM and must have registration with the Rajasthan Nursing Council.

5. The petitioners have approached this Court with a grievance that the respondents are not considering them for the advertised posts of Covid Health Assistants, though they are eligible and are also able to discharge the functions, which a Covid Health Assistant or normal GNM can discharge.

6. Mr. Saluja, learned counsel for the petitioners, argued that the course curriculum, which the petitioners have undergone, if compared with the course curriculum which a GNM undertakes, is the same; the petitioners are also trained in all traits in nursing care including giving injection and vaccination etc. and thus, can perform the duties and responsibilities which a Covid Health Assistant is required to perform.

7. Learned counsel invited Court's attention towards the advertisement dated 23.05.2021, issued by the Chief Medical & Health Officer, Chittorgarh and pointed out that the duties to be discharged by Covid Health Assistant is to create awareness and sensitization towards the infection/pandemic, which can very well be done by the petitioners.

8. Learned counsel invited Court's attention towards the Government order dated 07.04.2020 and pointed out that the Additional Chief Secretary of the Medical & Health Department availed the services of all medical officers and nurses- compounders working in Ayurveda, Homeopathy and Unani Hospitals and argued that circumstances have seen no change and if the State had availed their services in April, 2020, there is no reason/justification for not giving the petitioners an opportunity to serve the State.

9. It was also argued by learned counsel that due to onslaught of Covid, the State is in requirement of a large number of health workers, which are not available and if the petitioners are given opportunity, it would be in the interest of all concerned.

10. Mr. K.S. Rajpurohit, learned AAG and Ms. Vandana Bhansali, learned Government Counsel, appearing for the respondent - State, opposed petitioners' prayer and argued that the advertisements in question have been issued by Medical & Health Department and not by Ayurvedic Department. Learned AAG argued that scope of the work to be undertaken by Covid Helath Assistants requires only GNM/Nurse Gr.II and the petitioners, who are Ayurveda Nurses/Compounders, cannot discharge the responsibilities, which a Covid Health Assistant

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