Work Of Yoga Instructors Not Similar To AYUSH Nurses, Compounders: Rajasthan HC Denies Plea For Bonus Marks In Recruitment
The Jodhpur bench of the Rajasthan High Court has ruled that while Ayurveda and Yoga complement each other, they are not substitutes as both have their own roots and origins and distinct ways of operating towards the goal of purification of the body.A single judge bench of Justice Farjand Ali in its order said, "Ayurveda & Yoga complement each other but cannot substitute each other as...
The Jodhpur bench of the Rajasthan High Court has ruled that while Ayurveda and Yoga complement each other, they are not substitutes as both have their own roots and origins and distinct ways of operating towards the goal of purification of the body.
A single judge bench of Justice Farjand Ali in its order said, "Ayurveda & Yoga complement each other but cannot substitute each other as both have their own roots and origin from which they have emerged. Although both of these operate towards the common goal which is related to purify body of a human being but the ways in which it works is totally distinct from each other...Both of these are different in nature as Ayurveda has developed itself from traditional medicine to modern science whereas Yoga is a physical activity which ensures a bond between mind and body in a composed manner. In doing Yoga activities, nothing is supposed to swallowed, drink, consumed or applied to the body while the above same are the necessary concomitant of the Ayurveda theory.”
The court also observed that the work of AYUSH nurse/compounders was not “ejusdem generis” (of the same kind) as the work of yoga instructors. There was a difference between academically qualifying for an exam, obtaining a degree/diploma and practically doing a particular work in the field and both could not be equated and taken at par, it added.
Referring to an April 25, 2023 office order of the Directorate of Ayurveda Department, Rajasthan Ajmer, the court said:
“It is clear from the above office order that bonus marks shall be granted to those candidates having experience on the basis of period of working on similar work to the advertised post under the State Government, Chief Minister BPL, Jeevan Raksha Kosh, National health Mission, Dr. Sarvepalli Radha Krishnan Rajasthan Ayurveda University, Jodhpur or any AYUSH Project in the state of Rajasthan run by the Government. In an unambiguous term, it is stated in the order above that the work of Yoga Instructor is completely a part time and is of voluntary service nature, who are appointed only to conduct Yoga practice for one hour which is not similar to the work of Nurse/compounder.”
The observation was made while the court was hearing a batch of petitions filed by several candidates seeking appointment to the post of Ayurveda Compounder/Nurse against the Government's decision not to grant them bonus marks despite their rendering services as yoga instructors during the Covid-19 pandemic.
It was the case of the petitioners that during COVID-19, petitioners were appointed as yoga instructors under the National AYUSH Mission. Vide an order dated April 25, 2023, the state's Medical and Health Department (“the Department”) decided to provide bonus marks in the regular recruitment process of Medical and Health Department to those who served at the time of the pandemic.
On October 3, 2023, AYUSH Rajasthan (“AYUSH”) invited applications for the post of compounder/nurse in which the petitioners, being eligible candidates, applied, however, they claimed bonus marks as per the Department's Order for rendering services “similar to Ayurveda Compounder/Nurse during the period of Covid”.
Findings
Different departments have different governing rules
The Court highlighted that the order of recruitment was issued by the AYUSH Department under the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Subordinate Services Rules, 1966 (“1966 Rules”) and the order announcing bonus marks was issued by the Department of Medical & Health for direct recruitment process under Rajasthan Medical and Health Subordinate Service Rules, 1965 (“1965 Rules”).
The Court observed that both the departments were different having different service rules and how could the order passed under one be made applicable to the recruitment process of the other was “not comprehensible”.
“There are two distinct subordinate service rules; one for the department of Medical and Health and one for the AYUSH and in the considered opinion of this Court; any order issued by the other department under a distinct rule cannot benefit the petitioners," it said.
Bonus marks under 1966 Rules require “Similar Work”
Furthermore, the Court examined the provision of bonus marks under Rule 19 of the 1966 Rules and observed that even the provision of bonus marks under 1966 Rules states that the bonus marks should be granted on the length of experience on “similar work”.
In this background, the Court ruled that the work of Yoga Instructors could not be considered as similar to that of AYUSH Nurse/Compounders unless it was proved that they worked at equivalent position and have done the same work as Nurse/Compounder.
It said, “The office order and the rule clearly states that “similar work” performed by the employee will get the bonus marks. Here in the case at hand, the petitioners were appointed as Yoga Instructors and their work cannot be treated similar, equal, alike to that of Ayurveda Nurse/Compounder”
In light of this analysis, the Court did not find the petitioners to be entitled to get the bonus marks as per the order dated April 25, 2023 and disposed of the pleas.
Case Title: Akshay Kumar Vaishnav & Ors. v the State of Rajasthan and other related petitions
Citation: 2024 LiveLaw (Raj) 287