Temporary Service During COVID-19 Pandemic No Grounds To Ask For Bonus Marks Or Reservation For Post Of Nurse: Rajasthan High Court

Rajasthan High Court rejected petition by a disabled candidate for the post of Female Nurse suffering from 61% polio in both her legs, on the grounds that the guidelines specifying the disabilities eligible for reservation of the post reflected only single-leg disability and held that merely because she temporarily served on the post during Covid, she could not be conferred with any equity. The petitioner had applied for the post of Female Health Worker under the specially abled category but her candidature was rejected owing to her suffering from 61% disability in both of her legs. After perusing the records, the Court referred to the guidelines published in Gazette Notification dated January 7, 2021, that laid down the disabilities considered to be eligible for reservation for the Post and observed that the guidelines provided for only single-leg disability. It was further held that, “Pertinently, it is also to be noted that other candidates with similar disabilities have been disqualified under the same criteria Granting the petitioner's claim would result in reverse discrimination against similarly disqualified candidates who are not before this Court.” Finally, the Court stressed upon the fact that no challenge was made to the Accordingly, the petition was dismissed.