In a significant ruling, the Rajasthan High Court has made it clear that internships pursued as part of academic studies cannot be considered employment. The judgment came in response to a petition filed by students enrolled in the General Nursing and Midwifery (GNM) course who had completed internships during the COVID-19 pandemic. They sought bonus marks for their internship experience when applying for the post of Nursing Officer, similar to what was granted to COVID Health Assistants (CHAs).
Justice Arun Monga, while dismissing the petition, emphasized that the internship was an integral part of the GNM academic curriculum. Since the diploma cannot be awarded without the internship, it is purely a continuation of student life, not professional 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."
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The judge further added that on this ground alone, the students cannot claim bonus marks under the pretext that they were employed or served as health workers.
"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 also referred to an earlier ruling in Pramila & Ors. vs. State of Rajasthan & Ors. (2023), where similar demands had already been dismissed. That case too dealt with GNM students demanding parity with CHAs for bonus marks. The court in that instance had already made it clear that such claims had no legal standing.
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During the COVID-19 emergency, the State Government had appointed COVID Health Assistants (CHAs) on a temporary basis to manage the shortage of healthcare staff. CHAs carried out duties like conducting surveys and distributing medicines. When the recruitment advertisement for Nursing Officers was published, bonus marks were granted to CHAs who had officially worked during the pandemic.
However, the GNM students were not formally recruited as CHAs. Their services were used due to a crisis, but they remained students undergoing mandatory internships.
The State argued that the position of CHA required:
- A completed GNM qualification
- Registration with the Rajasthan Nursing Council
At the time of their internships, the petitioners had not completed their course nor were they professionally registered, making them ineligible for the same treatment.
The High Court also relied on an official office order dated 25.04.2023, which defined the eligibility criteria for receiving bonus marks.
“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 Court made it crystal clear that since these interns were neither appointed on contract nor on a temporary basis, they do not qualify under the category of ‘Karmik’ (employees), who are entitled to receive 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.”
In conclusion, the Rajasthan High Court ruled that the GNM internship during the pandemic cannot be considered equivalent to professional service or contractual employment. Therefore, the students’ claim for bonus marks holds no merit under the law.
The writ petition was dismissed in light of both precedent and the clear academic nature of the internship.
Accordingly, the petition was dismissed.
Title: Pritika Gahlot & Ors. v the State of Rajasthan & Ors.
