Internship Isn't Employment: Rajasthan HC Rejects Plea For Bonus Marks For Internship During Covid-19 To Seek Appointment As Nursing Officer
The Rajasthan High Court rejected a plea moved by various students pursuing diploma in General Nursing and Midwifery course, who had interned during Covid-19 pandemic period, and had thus sought bonus marks as provided to Covid Health Assistant (CHA) for appointment to the post of Nursing Officer.Justice Arun Monga opined that internship being an integral part of the academic curriculum,...
The Rajasthan High Court rejected a plea moved by various students pursuing diploma in General Nursing and Midwifery course, who had interned during Covid-19 pandemic period, and had thus sought bonus marks as provided to Covid Health Assistant (CHA) for appointment to the post of Nursing Officer.
Justice Arun Monga opined that internship being an integral part of the academic curriculum, without which the diploma could not be granted, could not be termed as an employment but rather a continuation of the student-hood. Hence, on this ground, the petitioners were not entitled to seek benefits of bonus marks claiming to be under employment.
"On a pointed query to the counsel for the petitioners as to whether the diploma can be awarded without completion of the internship, the answer is in negative. Being so, it thus emerges that internship is an integral part of the academic curriculum for the diploma in question and the same cannot therefore be termed as an employment but rather is continuation of the studenthood. On that ground alone petitioners are not entitled to seek benefit of any bonus marks claiming that they were under employment and/ or had worked as health workers, the writ petition is liable to be dismissed," the court said.
The court further noted that a co-ordinate bench of the court in Pramila & Ors. vs. State of Rajasthan & Ors (2023) which pertained to a similar controversy had already put the same to rest by dismissing the claim of similarly situated counterparts of the petitioners.
The services of the petitioners, who were pursuing General Nursing and Midwifery course, were used during Covid due to a shortage of medical staff. At that time, the State also recruited CHAs for conducting surveys and distributing medicines.
When the advertisement for the post of Nursing Officers was issued, a writ petition was filed in the Court that resulted in directions to the State to issue bonus marks to CHAs who provided service during pandemic, which was granted by the State.
Such bonus marks were also sought by the petitioners, which was not considered, resulting in the petition filed before this Court.
It was argued on behalf of the State that the post of CHA for which the petitioners were claiming parity based on the nature of work and duties, required qualification of GNM and registration with the Rajasthan Nursing Counsel. However, at the relevant time, the petitioners were still undergoing the GNM course and did not possess the required professional qualification.
“According to the office order dated 25.04.2023, which outlines the eligibility criteria for granting bonus marks, the petitioners do not meet the requirements to claim the bonus marks. The petitioners were neither engaged on a contract basis nor on a temporary basis, and therefore, do not fall under the definition of 'Karmik,' who are entitled to receive bonus marks.”
Accordingly, the petition was dismissed.
Title: Pritika Gahlot & Ors. v the State of Rajasthan & Ors.
Citation: 2025 LiveLaw (Raj) 134
