Pankaj Bhandari, J.:— This petition for writ is preferred to challenge the constitutional validity of the proviso to Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965.
2. Learned counsel for the petitioner submits that the respondents, as per the proviso aforesaid, are awarding the bonus marks on the basis of length of experience to the persons working under Government, Chief Minister BPL Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institutes under Cooperative Department or Sahakari Upbhokta Bhandar, but have not extended the same benefit to the persons working with the Rajasthan Health System Development Project, as such the proviso impugned is discriminatory.
3. as per reply to the writ petition, bonus marks have been awarded to the persons, who are having experience of similar work to the post of Nurse Grade-II in different government projects. The work assigned to the Patient Counsellor in such project, is not at all akin to the work and duties assigned to a Nurse Grade II. as such, under the statute impugned, the project aforesaid has not been included.
4. Heard learned counsel for the parties.
5. From perusal of the document Annexure-3, it is apparent that Patient Counsellor is not involved in nursing duties, but is required to guide the patients belonging to lower parcel of the society to avail medical facilities. The Patient Counsellor is required to acquaint the serious patients and the persons coming from below power line to understand the medical facilities extended, including the prescriptions made by the doctors. The details given in the document Annexure-3 are sufficient to arrive at the conclusion that the work of the Patient Counsellor is not at all akin to the work of Nurse Grade II, and as such, we do not find any discrimination, as alleged.
6. This petition for writ is having no merit. Hence, dismissed.