Andhra Pradesh High Court Upholds Entitlement To Weightage Marks In Recruitment For 'Frontline' Nurses During COVID-19

In a significant ruling, the High Court of Andhra Pradesh has directed the state authorities to award weightage marks to nurses who rendered their services during the COVID-19 pandemic, irrespective of whether they were employed in state government or central government healthcare facilities.

The case arose from two separate writ petitions filed by Yenuganti Thriveni and Cherukuri Deepti Usha, who had worked as nurses in the Railway Hospital in Vijayawada during the COVID-19 outbreak. The petitioners challenged the authorities' decision to not grant them the 15% weightage marks provided in the recruitment notification for candidates who had served on COVID-19 duty.

Justice Subba Reddy Satti, in his comprehensive order, held that the definition of "State" under Article 12 of the Constitution includes both the central and state governments, as well as their respective authorities. Therefore, the nurses who worked in the Railway Hospital, a central government institution, were also entitled to the COVID-19 weightage marks, just as those who served in state government hospitals.

“Thus, the definition of the State is apparent that Central, State, and local authorities come under the purview of the State. No difference was been made vis-a-vis the State Government and its sectors or the Central Government and its sectors. The notification and the government orders make things more than discernable that the weightage marks will be awarded to those who worked in State PSU and State Autonomous Government Organisations, during COVID-19.”

Heavily relying on Rajasthan State Electricity Board, Jaipur v. Mohan Lal and Ors, the bench held:

“In light of the above, it can be held that the appointing authority (Railways), in the instant case, falls under the definition of “State” as defined under Article 12. Failure to award weightage marks to the petitioners in the considered opinion of this Court is violative of Article 12 of the Constitution of India.”

Emphasizing the importance of recognizing the contribution of healthcare workers during the pandemic, the High Court observed that the incentive of weightage marks cannot be restricted based on the technicality of the employer being a central or state government entity. The Court noted that such a narrow interpretation would frustrate the very purpose of the government orders providing the COVID-19 weightage.

The High Court further relied on E.P. Royappa vs. State of Tamil Nadu and Ors to emphasise the principles of equality before the law and equal opportunity in public employment, as enshrined in Articles 14 and 16 of the Constitution. The Court held that denying the petitioners the weightage marks, while granting the same to other nurses, would amount to a violation of these fundamental rights.

“Article 14 of the Constitution of India mandates that the State shall not deny, to any person, equality before the law or the equal protection of the laws within the territory of India. In the case at hand, the petitioners were discriminated against the same class of candidates and further denied equal benefits by not giving weightage marks. Indeed, initially, the petitioners were granted weightage marks, however, later the weightage marks were withdrawn.”

Lastly, the High Court also pointed out the need for proper pleadings and documentation in writ petitions, highlighting the importance of containing all relevant facts and evidence in the affidavits. The Court noted that while the petitioners' affidavits could have been more comprehensive, the merits of the case compelled the Court to pass an appropriate order.

Thus, the petition was disposed of.

WRIT PETITION No.4615 and 4816 of 2023

Counsel for petitioners: Narra Srinivas Rao

Counsel for respondents: GP for Services-IV

Click Here To Read/Download Order