Supreme Court Dismisses Appeals Against Rajasthan Government's Bonus Marks Policy for NHM Employees — Upholds State's Discretion in Employment Criteria.

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Case Note & Summary

The case involved a challenge to the Rajasthan government's policy regarding the awarding of bonus marks to candidates applying for the post of Nurse Compounder Junior Grade. The appellants, who had worked under the National Health Mission (NHM) and National Rural Health Mission (NRHM) schemes in states other than Rajasthan, sought to have their experience recognized for bonus marks as per the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Services (Amendment) Rules, 2013. The Single Judge of the High Court had initially ruled in favor of the appellants, directing the State to grant bonus marks based on their experience. However, the State appealed this decision, arguing that the policy intended to restrict bonus marks to those who had worked within Rajasthan. The Division Bench of the High Court agreed with the State's interpretation, leading to the current appeals before the Supreme Court. The appellants contended that the language of Rule 19 allowed for experience from anywhere in the country to qualify for bonus marks, and that the distinction made by the State was arbitrary and violated Article 14 of the Constitution. The State countered that the policy was designed to account for the unique challenges faced in Rajasthan and that the training provided to local employees created a distinct class. The Supreme Court ultimately upheld the Division Bench's decision, affirming the State's policy as reasonable and non-discriminatory, and dismissed the appeals without costs.

Headnote

A) Constitutional Law - Discrimination - Article 14 - Policy on Bonus Marks - Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Services (Amendment) Rules, 2013 - The court upheld the State's policy to grant bonus marks only to employees working under NHM/NRHM schemes in Rajasthan, finding no violation of Article 14 as the policy was not arbitrary and had a rational basis. Held that the experience gained in other states cannot be compared with that in Rajasthan due to differing local conditions (Paras 22-24).

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Issue of Consideration

Whether the State of Rajasthan's policy to grant bonus marks only to employees working under NHM/NRHM schemes within the state is discriminatory and arbitrary.

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Final Decision

The Supreme Court dismissed the appeals, upholding the Rajasthan government's policy to restrict bonus marks to employees working under NHM/NRHM schemes within the state, finding it reasonable and non-arbitrary.

Law Points

  • Article 14
  • discrimination
  • policy decision
  • bonus marks
  • experience certificate
  • Rajasthan Ayurvedic
  • Unani
  • Homeopathy and Naturopathy Services (Amendment) Rules
  • 2013
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Case Details

2022 Lawtext (SC) (2) 17

CIVIL APPEAL NO. 1422 OF 2022 [Arising out of SLP(C) No. 24434 of 2019]  WITH CIVIL APPEAL NOS. 14261430 OF 2022 [Arising out of SLP(C) Nos. 73417345 of 2020] CIVIL APPEAL NOS. 14311437 OF 2022 [Arising out of SLP(C) Nos. 81558161 of 2020] CIVIL APPEAL NOS. 14381440 OF 2022 [Arising out of SLP(C) Nos. 1312413126 of 2020] CIVIL APPEAL NOS. 14231425 OF 2022 [Arising out of SLP(C) Nos. 61426144 of 2021]

2021-10-12

B.R. Gavai

Mr. Rishabh Sancheti, Mr. Himanshu Jain, Ms. Alpana Sharma, Dr. Manish Singhvi

SATYA DEV BHAGAUR & ORS.

State of Rajasthan

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Nature of Litigation

Challenge to the Rajasthan government's policy on awarding bonus marks.

Remedy Sought

Appellants sought recognition of their experience for bonus marks.

Filing Reason

Dispute over the interpretation of eligibility for bonus marks based on experience.

Previous Decisions

Single Judge allowed the writ petitions, which was overturned by the Division Bench.

Issues

Whether the policy restricting bonus marks to employees working in Rajasthan is discriminatory. Whether the experience from other states should qualify for bonus marks.

Submissions/Arguments

Appellants argued that Rule 19 allows for experience from anywhere in the country. State contended that the policy is based on local conditions and training.

Ratio Decidendi

The court held that the policy of the State of Rajasthan to limit bonus marks to local experience is not arbitrary and has a rational basis, thus not violating Article 14 of the Constitution.

Judgment Excerpts

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. The experience gained in other States cannot be compared with the working in the State of Rajasthan as every State is having its own problems and issues.

Procedural History

The Single Judge allowed the writ petitions on 28.08.2018, the State appealed to the Division Bench which overturned the decision on 13.08.2019, leading to the current appeals.

Acts & Sections

  • Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Services (Amendment) Rules: Rule 19
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