Railways Fall Under ‘State’ Definition: Andhra Pradesh HC Directs Authorities To Award Weightage Marks To Nurses Who Served In Railway Hospitals During COVID-19

The Court held thus while noting that Railways fall under the definition of State under Article 12 of the Constitution.

The Court was hearing Writ Petitions requesting a Writ of Mandamus to declare the selection list issued which excluded the COVID weightage for petitioners who served as nurses during the COVID-19 period at the Railway Hospital as illegal and discriminatory and sought a direction for the authorities to issue a new selection list that includes the COVID weightage for their service.

The bench of Justice Subba Reddy Satti observed, “this Court deems it appropriate to direct the respondent authorities to award weightage marks to the petitioners considering their length of service based on the certificates produced by the petitioners.”

Advocate Narra Srinivasa Rao appeared for the Petitioners and Assistant Government Pleader Y.B. Ramesh appeared for the Respondents.

Brief Facts-

The Petitioners applied for the post of Staff Nurse on a one-year contract basis that required a qualification in General Nursing & Midwifery/B.Sc. (Nursing). A clause in the notification provided weightage for candidates with satisfactory contract, outsourcing, or honorarium service, including COVID-19 service, as certified by competent authorities. Petitioners were initially listed in the provisional merit lists but were not awarded weightage marks for their COVID-19 service. Despite their objections, the final merit list did not include their weightage marks. Hence, they filed Writ Petitions challenging the final merit and selection lists.

The Court scrutinised the government orders and circular memos and noted that those who rendered services, in State PSUs and State Autonomous Government organisations, in COVID-19 are entitled to weightage marks.

To answer the main argument of the respondents that since petitioners worked in Railway Hospitals, they were not awarded weightage marks the Court referred to Articles 12, 14 and 16(1) of the Constitution of India and observed, “the definition of the State is apparent that Central, State, and local authorities come under the purview of the State. No difference has been made vis-a-vis the State Government and its sectors or the Central Government and its sectors.”

The Court said that the notification and the government orders make things more than discernable that the weightage marks will be awarded to those worked in State PSU and State Autonomous Government Organisations, during COVID-19.

The Court relied on the decision of the Rajasthan State Electricity Board, Jaipur v. Mohan Lal and Ors. and observed, “it can be held that the appointing authority (Railways), in the instant case, fall 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.”

The Court said that once it is concluded that the petitioners are entitled to weightage marks, not extending the same is discriminatory under Article 14 and denial of equal opportunity under Art 16(1) of the Constitution of India.

The Court said that the use of the word ‘State’ employed in the notification cannot be restricted to the State of Andhra Pradesh. The Court observed, “All the nurses who rendered service during COVID-19, subject to the genuineness of certificates, should have been awarded the weightage marks.”

Finally, the Court allowed Writ Petitions.