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2025 DAILYLAW 21795 (RAJ)

SMT. PREM KUMARI D/O SHRI MAHAVEER SINGH v. STATE OF RAJ.

CCP/725/2020 · 2025-09-18

Ganesh Ram Meena

Contempt Petitionbody2025

Judgment text

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[2025:RJ-JP:38258] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Contempt Petition No. 725/2020 in S.B. Civil Writ Petition No.13520/2020 Smt. Prem Kumari D/o Shri Mahaveer Singh, Aged About 40 Years, R/o 263/78 Pratap Nagar, Sanganer, Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Raj., Through The Principal Secretary, Medical And Health Department, Rajasthan, Jaipur. 2. Shri Akhil Arora, Principal Secretary, Government Of Rajasthan Secretariat, Jaipur. 3. Shri K.k. Sharma. Director, Department Of Medical Health And Family Welfare, Swasth Bhawan, Tilak Marg, C- Scheme, Jaipur. 4. Shri Mukul Sharma, Additional Director (Admn.), Department Of Medical Health And Family Welfare, Swasth Bhawan, Tilak Marg, C-Scheme, Jaipur. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Ms. Tanvisha Pant for Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE GANESH RAM MEENA Order 18/09/2025 1. This contempt petition has been filed by the petitioner alleging non-compliance of the order dated 06.03.2020 passed by in S.B. Civil Writ Petition No.13520/2015. 2. Heard and considered the submissions made by counsel for the respective parties. 3. Vide order dated 06.03.2020, the Court observed that the candidates who have one leg disability above 40% shall be [2025:RJ-JP:38258] (2 of 3) [CCP-725/2020] considered under the reserved category for appointment and those candidates who have disability other than one leg, would not be eligible to claim appointment under the reserved quota, but could be eligible to be considered under Open Category or in their own category of SC/ST/OBC as per their own merit provided they are found to be suitable. 4. Learned counsel appearing for the respondents-contemnors submits that in view of directions of the Hon’ble Court, the Director Medical & Health Services, Rajasthan, Jaipur on 11.03.2020 and 01.06.2020 issued an information that those persons who are having certificate of 40% disability of one leg and their candidatures have not been considered under disability, has to appear for re-examination before the Medical Board to ascertain disability afresh and such candidates were appeared before the Board constituted by the Superintendent of Sawai Man Singh Hospital, Jaipur. 5. In 8th para of reply to the contempt petition, the contemnors/respondents have specifically stated that the Medical Board was constituted by the Superintendent of Sawai Man Singh Hospital, Jaipur through information dated 11.03.2020 and 01.06.2020 but the petitioner did not turn up for her re- examination and therefore, she was not considered under the disable category. However, her candidature was considered under her own category as per her merit as directed by the Court vide order dated 06.03.2020. 6. Learned counsel for the respondents submits that the petitioner secured 48.807 marks whereas, last candidate in her [2025:RJ-JP:38258] (3 of 3) [CCP-725/2020] own category i.e. OBC (Non-Creamy Layer) secured 54.222 marks and accordingly, the petitioner could not be get selected. 7. The petitioner has not filed any counter to the fact as stated by the respondents in their reply that she did not turn up for her re-examination before the Medical Board. 8. In view of the aforesaid facts, this Court is of opinion that the respondents have made substantial compliance of the order passed by the Court therefore, no contempt is made out against the respondents. 9. Accordingly, the present contempt petition is dismissed. 10. Pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /30