The Rajasthan High Court has ruled that the role of Yoga Instructors cannot be considered equivalent to that of Ayurveda Nurses or Compounders. The Jodhpur Bench issued this judgment in response to a series of civil writ petitions filed by Yoga Instructors who were denied experience certificates in a prescribed format and bonus marks during the selection process for the posts of Ayurveda Compounder/Nurse. This denial occurred despite their claims of performing similar duties during the COVID-19 pandemic.
Judicial Observations
Justice Farjand Ali, presiding over a single bench, stated that the office order and rules explicitly mention that “similar work” performed by an employee would merit bonus marks. However, the petitioners, who were hired as Yoga Instructors, were deemed to not have performed work equivalent to that of Ayurveda Nurses or Compounders, disqualifying them from receiving such bonus marks.
Background of the Case
During the COVID-19 pandemic, the government launched the National AYUSH Mission, advertising vacancies for Yoga Instructors at 430 Ayurveda hospitals across Rajasthan. The petitioners, holding diplomas in AYUSH Nursing and Pharmacy and registered with the Rajasthan Ayurveda Nursing Council, were appointed as Yoga Instructors. However, they argued that they had performed similar duties to Ayurveda Nurses/Compounders during the pandemic and thus deserved bonus marks during recruitment for these positions.
Court’s Ruling
The Court highlighted that the relevant office order specified bonus marks for candidates who had worked in positions similar to the advertised posts under specific state-run health projects. It emphasized that Yoga Instructors, whose responsibilities included part-time, voluntary services, such as conducting one-hour yoga sessions, could not be equated with the duties of Nurses or Compounders.
The Court further stated that the petitioners were not eligible for bonus marks as the order they were relying on was issued by the Medical and Health Department, not the Ayurveda Department, which was responsible for the Yoga Instructor roles. Additionally, it was noted that Yoga Instructors’ experience could only be acknowledged for that particular role, and they were entitled to receive experience certificates reflecting this.
Final Verdict
The Court clarified that while Yoga Instructors should receive experience certificates for their work, they were not eligible for bonus marks in relation to the posts of Nurse/Compounder, as their job duties were inherently different. Consequently, the petitions were dismissed.
Case Reference: Akshay Kumar Vaishnav & Ors. v. State of Rajasthan & Ors.