'COVID Health Assistant Work Not Equivalent To Pharmacist': Rajasthan High Court Rejects Plea For Bonus Marks In Recruitment

The Rajasthan High Court has held that role of a Pharmacist and a Covid Health Assistant who was engaged temporarily to perform auxiliary duties like distribution of medicines, are distinct and could not be treated as interchangeable.

“A Pharmacist is a qualified Diploma Holder registered under the Pharmacy Act, 1948 entrusted with professional responsibilities of maintaining drug inventory, dispensing medicines with due caution, providing patient counselling and assisting in clinical management. A COVID Health Assistant, on the other hand, was engaged temporarily during the pandemic crisis to perform auxiliary duties including distribution of medicines and support services. The scope, training and statutory responsibilities of a Pharmacist and CHA are distinct and cannot be treated as interchangeable.”

The bench of Justice Anand Sharma further held that when such a disputed question of fact was settled by the competent authority at the time of issuing relevant certificate to the Covid Health Assistance, it could not be re-examined in the writ jurisdiction of the Court, unless the decision was shown to be perverse or mala fide.

The Court was hearing a petition against the order of the Director, Medical & Health Services wherein petitioner's representation for grant of bonus marks in recruitment of Pharmacist was rejected.

The representation was filed by the petitioner based on his services of a Covid health assistance wherein he claimed to have discharged similar duties as that of a pharmacist.

The advertisement for the post contemplated bonus marks based on experience certificate for similar work performed by candidate, in any of the scheme of the Medial and Health Department of the State Government, either on contractual or temporary basis.

The petitioner was relying on a certificate issued by the Medical Officer Incharge of the Urban Primary Health Centre that mentioned that the work he performed was alike that of a pharmacist. It was further argued that while the nomenclature of both the posts might be different, consideration had to be given to the actual nature of work.

On the contrary, the State opposed the petition, submitting that Medical Officer Incharge was not competent or authorized to issue any such certificate. Rather, the certificate issued by the Chief Medical and Health Officer, countersigned by the Joint Director, had to be considered.

Such certificate had categorically mentioned that the petitioner did not perform work similar to that of a pharmacist.

After hearing the contentions, the Court accepted the argument put forth by the State and held that as per the Pharmacist Direct Recruitment process, only the CMHO was competent to issue the experience certificate. Hence, the certificate relied upon by the petitioner was not valid.

Furthermore, while comparing the role of a pharmacist and a covid health assistant, the Court observed that distribution of drugs during Covid 19 could not qualify as “similar work” to that of a pharmacist.

Reference was made to the Supreme Court case of Sajid Khan v. L. Rahmathullah which held that unless the recruitment rules specifically equated the nature of duties of two posts, a candidate could not claim similarity merely based on some overlapping functions.

In Union of India v. Uzair Imran & Others, the Apex Court held that, while exercising judicial review, courts could not stretch the recruitment conditions to accommodate candidates by assuming equivalence of experience when the competent authority had found otherwise.

In this light, and considering the certificate issued by the CMHO, the Court held that when the disputed fact was settled by the competent authority, it could not be reexamined by the Court.

Accordingly, the petition was dismissed.

Title: Divya Kumar v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 322

For petitioner: Mr. Tanveer Ahamad

For Respondent: Mr. Archit Bohra with Mr. Rahul Verma

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