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2025 DAILYLAW 19140 (RAJ)

SUMAN D/O BHANWAR LAL v. THE STATE OF RAJASTHAN

CW/7554/2025 · 2025-05-16

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:20804] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7554/2025 Suman D/o Bhanwar Lal, Aged About 34 Years, R/o Vpo Jegala, Tehsil Nokha, District Bikaner, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, School Education Department, Government Secretariat, Jaipur, Rajasthan. 2. The Director, Elementary Education, Rajasthan, Bikaner. 3. The District Education Officer (Headquarter), Elementary Education, Sawaimadhopur. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini, Mr. Aamir Khan For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 16/05/2025 1. Counsel for petitioner submits that petitioner has been selected on merits under PH category on the post of Teacher Gr. III Level I pursuant to recruitment- 2022 and before joining, her disability certificate dated 31.01.2022 (showing 46% permanent physical impairment in relation to both upper limbs) has been verified by the Medical Board, constituted at PBM & Associated Group of Hospitals, Bikaner, vide report dated 04.10.2023. Thereafter, she has been given posting, but now vide order dated 09.05.2025 (Ann.6) issued by the District Education Officer (Headquarter), Primary Education, Sawai Madhopur, petitioner has been directed to appear for re-medical examination before the [2025:RJ-JP:20804] (2 of 2) [CW-7554/2025] Superintendent, SMS Hospital, Jaipur on 16.05.2025, for re- verification of her disability certificate. 2. Having perused the report of Medical Board dated 04.10.2023, issued by the Medical Board constituted at PBM & Associated Group of Hospitals, Bikaner, it appears that the Board does not consist three expert doctors (Orthopedician). In the Board, there was only one Orthopedic Doctor and other two doctors are, one is PMR and another is a Medical Jurist. 3. Although it is true that in furtherance to the report of Medical Board dated 04.10.2023, petitioner has been given posting and she is serving on the post of Teacher Gr. III Level I under PH category, however, even if the Government, for one or another reason, wants to re-verify the disability certificate of petitioner and has directed him to appear for medical examination before the SMS Hospital, Jaipur, this Court does not deem it fit and proper to grant indulgence in that respect. 4. Needless to observe that in case, the disability certificate of petitioner dated 31.01.2022 stands verified in the re-medical examination at SMS Hospital, Jaipur, petitioner would have no grievance, however, in case her disability certificate is not verified, she would be at liberty to file fresh writ petition, questioning her re-medical examination and any adverse order(s), if passed. 5. Accordingly, instant writ petition stands disposed of with the aforesaid liberty. 6. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/13