Vaccinators Are Not Nurses, Job Responsibilities & Nature Of Work Are Different: Rajasthan High Court Rejects Plea For Appointment
The Rajasthan High Court dismissed plea by candidates seeking appointment as Nurse Grade II who claimed such entitlement to the post based on their work experience as a Vaccinator, clarifying that the two posts are different having different job responsibilities and nature of work.
The Court was hearing petition by the candidate seeking bonus marks for recruitment to the post of Nurse Grade II, applicable to those having experience certificate for carrying out similar work for which the recruitment was being made.
It was submitted by the petitioner that he had a certificate issued by the Chief Medical and Health Officer for his work rendered at the post of a Vaccinator for two years between 2009 and 2013. He claimed entitlement for the bonus marks in the recruitment of Nurse-Grade II.
Justice Anand Sharma perused the advertisement for recruitment and said that the terms and conditions were quite clear.
The court said that although, there was provision for granting bonus marks for having work experience in any project/scheme of State Government, yet such criteria for granting bonus marks is not unlimited and is confined to work "which is of 'similar nature' to the work required to be conducted for the advertised post".
The court said that in the instant case, the petitioner had admittedly worked as a vaccinator which is an "altogether different post having different job responsibilities and nature of work". Therefore the petitioner was not entitled for claiming bonus marks only on account of experience acquired by them as a vaccinator, it added.
"In the instant case, where the petitioners have not rendered 'similar nature' of work to that of the post of Nurse Grade- II, no benefit can be derived by the petitioners from the aforesaid judgment of Upama Pareek (supra)," the court said.
It further said that the Court, under Article 226 of the Constitution, has extremely limited jurisdiction and cannot carry out work of equivalence with regard to similarity of work rendered for different posts and no material whatsoever has been placed on record by the petitioners to show that job responsibilities of Nurse Grade-II and that of Vaccinator are similar.
Accordingly, the petition was dismissed.
Title: Surendra Kumar Gupta & Ors. v State of Rajasthan & Ors.
Citation: 2025 LiveLaw (Raj) 332
For Petitioner(s): Mr. Vijay Laxmi Gauttam with Mr. Anuk Ram Singh
For respondent(s): Mr. Prakhar Jain