Rajasthan High Court Denies Bonus Marks for Experience as Vexinator in Nurse Recruitment Process

Petitioners' plea for bonus marks based on unrelated work experience rejected, highlighting limits of judicial review in recruitment matters.

In a significant ruling, the Rajasthan High Court, Jaipur Bench, dismissed a writ petition filed by Surendra Kumar Gupta and others, who sought bonus marks in the recruitment process for the post of Nurse Grade-II based on their experience certificates as Vexinators. The judgment, delivered by Mr. Anand Sharma, J., underscored the necessity of having relevant experience in a similar nature of work to qualify for bonus marks in such recruitment processes.

The petitioners argued that they were entitled to bonus marks under the criteria set in an advertisement issued by the Director of Medical & Health Services, Rajasthan, dated February 26, 2013. This advertisement invited applications for various health-related posts, including Nurse Grade-II, Public Health Nurse, and Women Health Worker, with selection based on merit assessed from professional qualifications and bonus marks for relevant experience.

Petitioner No. 5 presented an experience certificate from the Chief Medical and Health Officer, Sawai Madhopur, indicating work as a Vexinator under the NRHM Scheme for over two years. The petitioners contended that this experience warranted the award of 20 bonus marks, which were not granted, allegedly depriving them of their rightful appointment.

However, the court observed that the bonus marks criterion was explicitly limited to experience pertaining to work of 'similar nature' to the advertised post. The post of Vexinator was determined to be fundamentally different from Nurse Grade-II, both in designation and job responsibilities, under the Rajasthan Medical and Health Subordinate Service Rules, 1965.

The judgment emphasized that judicial review under Article 226 of the Constitution is restricted in scope, particularly concerning assessments of job equivalence or similarity without substantial evidence. The court noted that no material was presented to demonstrate a resemblance in responsibilities between the roles of Nurse Grade-II and Vexinator, thus denying the petitioners' claims.

In referencing a prior Division Bench judgment in State of Rajasthan v. Upama Pareek, the court reinforced that bonus marks are applicable only for experience gained in similar roles under State Government employment, which was not the case for the petitioners.

The ruling serves as a reminder of the stringent criteria applied in recruitment processes and the limited role of judicial intervention when it comes to evaluating job equivalences. The petition, lacking the necessary grounds for interference, was ultimately dismissed.

Bottom Line:

Recruitment - Claim for bonus marks in a recruitment process based on experience certificates - Bonus marks can be granted only for experience acquired in performing work of 'similar nature' to the advertised post. 

Statutory provision(s): Article 226 of the Constitution of India, Rajasthan Medical and Health Subordinate Service Rules, 1965

Surendra Kumar Gupta v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2787026