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While deciding an appeal filed by candidates who had applied for the position of Nurse Compounder Junior Grade exam, the Supreme Court has decided to uphold the validity of a policy decision by the state of Rajasthan to grant bonus marks only to those candidates who have worked under the National Health Mission scheme (“NHM”) and National Rural Health Mission scheme (“NRHM”) in the state of Rajasthan. 

"It is trite that the Courts would be slow in interfering in the policy matters, unless the policy is found to be palpably discriminatory and arbitrary. This Court would not interfere with the policy decision when a State is in a position to point out that there is intelligible differentia in application of policy and that such intelligible differentia has a nexus with the object sought to be achieved...", held a bench of Justices L Nageshwar Rao and BR Gavai.

The state of Rajasthan had framed the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Service (Amendment) Rules, 2013 wherein Rule 19 of the said Rules dealt with scrutiny of applications received by it.

A notification was issued by the state on May 30, 2018, providing that candidates who had worked under the Government, Chief Minister BPL Life Saving Fund, NRHM Medicare Relief Society, AIDS Control Society, National TB Control Program, Jhalawar Hospital and Medical College Society, Samekit Rog Nirgrani Pariyojna or State Institute of Health Family Welfare (SIHFW), would be entitled to bonus marks as per the experience attained.

The advertisement also provided that only such candidates who were having experience certificates from the competent authority as mentioned in the said advertisement would be entitled to the bonus marks.

Satya Dev Bhagaur and a few others had approached the single bench to claim such benefit of bonus marks.

While the single bench had allowed them the benefit, a division bench allowed the appeal filed by the state of Rajasthan filed against such order of the Single judge bench by holding that the intention of the state of Rajasthan was to confine the benefit of award of bonus marks to those employed in the schemes within the state of Rajasthan and not in other states.

After going through the material placed on record, it appeared to the bench that the policy of the state of Rajasthan is that while selecting Nurse Compounder Junior Grade, bonus marks are to be given to such employees who have done similar work under the state   government   and   under various schemes.

“The question thus, would be whether such bonus marks would also be available to the contractual employees working under the NHM/NRHM schemes in other States,” remarked the Court.

While reading Rule 19 with sub­clause (ii) of Clause 7 of the advertisement, the Court found that the policy and object of the state of Rajasthan was clear.

Sub­clause (ii) of Clause 7 of the advertisement enlisted the authorities who are competent to issue experience certificate for contractual employees.

The list would reveal that most of the competent authorities are the authorities who are heads of the institution like Government Medical College,   Government Dental College, Director, Public Health, All Chief Medical and Health Officer of the State, All Primary Medical Officers, etc. in the state of Rajasthan.

Accordingly, the bench held that the policy of the state of Rajasthan to restrict the benefit of bonus marks only to such employees who have worked under different organizations in the state of Rajasthan and to employees working under the NHM/NRHM schemes in the state of Rajasthan, cannot be said to be arbitrary.

Cause Title: Satya Dev Bhagaur & Ors vs State of Rajasthan & Ors.