IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
DINESH MEHTA, J.
Savita Manmiya – Appellant
Versus
State of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 2835 of 2020
Decided On : 16-02-2021
Medical and Health Subordinate Service Rules, 1965 - Rule 19 - Grant of bonus marks, is ameliorative in nature - Petitioner submitted her application form and claimed 20 bonus marks on the basis of experience certificate, which inter alia evinced that petitioner has worked as Nursing Tutor in G.N.M. Training Center – Held, Rule 19 of Rules of 1965, which deals with grant of bonus marks, is ameliorative in nature. If a candidate has worked under a scheme of Government and has performed identical or similar duties, which are required to be performed by person manning post which is advertised, State cannot adopt a telescopic or technical approach to deny grant of bonus marks to such candidate - State cannot gainsay fact that petitioner has discharged responsibilities of a Nurse Gr. II, may be, to a small extent at least while giving on field training or giving instructions or at least in emergent situation or in absence of a nurse - If that be so, the respondents cannot deny grant of bonus marks to a Nursing Tutor, as advertisement uses expression 'Expression of similar work' and not work of Nurse Gr. II per se - In face of words 'similar work', quantum, percentage or extent of work becomes irrelevant, particularly in the given factual backdrop - Writ petition allowed.
ORDER :
Dinesh Mehta, J.
1. The respondent-State issued recruitment notification dated 30.05.2019 and invited applications from all eligible candidates to vie for the post of Nurse Gr. II.
2. The petitioner herein having educational qualification of B.Sc. Nursing, is eligible for the post. The clause relating to educational qualification of advertisement aforesaid reads thus:-
| inuke | 'kS{kf.kd ;ksX;rk | O;olkf;d ;ksX;rk |
| Nurse Gr.IInd
| 1. Senior Secondary or its equivalent.
| 1. GNM Course or its equivalent qualification from institute recognized by State Government. 2. Registered in RNC. |
3. It is not disputed that petitioner's qualification being B.Sc. Nursing is treated at par with the G.N.M. Course and all the candidates having degree of B.Sc. Nursing are being offered appointment on the post of Nurse Gr. II.
4. The petitioner submitted her application form and claimed 20 bonus marks on the basis of the experience certificate dated 24.06.2020, which inter alia evinced that the petitioner has worked as Nursing Tutor in G.N.M. Training Center, General Hospital, Chittorgarh from 01.09.2015 to 31.05.2018.
5. When the petitioner appeared for document verification, the respondents denied her bonus marks as claimed, because the petitioner has not worked as Nurse Gr. II and has rather worked as Nursing Tutor cum Clinical Instructor.
6. Being aggrieved with the action of the respondents in denying her the bonus marks, the petitioner has preferred the present writ petition.
7. Mr. Bishnoi, learned counsel for the petitioner, invited Court's attention towards the petitioner's appointment order dated 30.05.2016 and pointed out that petitioner has been posted as Nursing Tutor in GNM Training Centre, Shri Sanwaliyaji Government Hospital and has discharged her duties as such, for the relevant period.
8. Learned counsel also took the Court through the resolution approved by the General Body of the Nursing Council in relation to the Nursing Education and Services and pointed out that the job responsibilities of a Nursing Tutor is dual-she has to give instructions/training while also discharging nursing duties.
9. Learned counsel read the additional affidavit dated 04.01.2021 filed by the petitioner and underscored that the petitioner, while conducting clinical supervision, has also conducted direct patient care in ward/unit of the hospital and had taken instructions from the doctors with regard to treatment of the patients and also handled medico-legal cases in the medical ward.
10. Attention of the Court was also drawn towards various office orders, which the petitioner has placed on record to establish that the petitioner was assigned duties as Nursing Tutor cum Clinical Supervisor in the hospital itself.
11. Having said this, learned counsel read the relevant clause (Clause No. 7) of the advertisement and submitted that the requirement for grant of bonus marks is, that a candidate must have discharged similar work in the enumerated schemes of the Government or under the Government Hospital. He argued that may be, technically the petitioner is/was called as 'Nursing Tutor' or 'Clinical Supervisor' but her job responsibilities were exactly akin to that of a Nurse Gr. II and thus, the petitioner cannot be denied bonus marks for the experience she has gained while working in a Nursing Training Centre attached with a Government Hospital.
12. Mr. Bishnoi, learned counsel for the petitioner, relied upon a judgment dated 08.09.2020, rendered by this Court in the case of Vidhya Kumari Tailor Vs. State & Ors. [S.B. Civil Writ Petition No. 4974/2020] and pointed out that while dealing with the case of Female Health Worker, this Court has compared the job responsibilities of Female Health Worker and Lady Health Visitor and concluded that th
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