1 2025:CGHC:22343-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 338 of 2025 1 - Dr. Rajkumar Jaiswal S/o Shri R.D.Jaiswal Aged About 43 Years R/o B-14, Minocha Colony, Bilaspur District-Bilaspur Chhattisgarh 495001 ---- Appellant Versus 1 - State Of Chhattisgarh Through Secretary, Department Of General Administration, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, District-Raipur Chhattisgarh 2 - Under Secretary, Department Of General Administration, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, District- Raipur, Chhattisgarh 3 - Secretary, Department Of Livestock Development, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, District -Raipur, Chhattisgarh 4 - Director, Veterinary Services, Ground Floor, Block No. 03, Indrawati Bhawan, Atal Nagar, District-Raipur, Chhattisgarh 5 - Deputy Director, Veterinary Services, Janjgir, District-Janjgir, Chhattisgarh. ---- Respondents (Cause title is taken from CIS Software) For Appellant : Mr. Anand Shukla, Advocate along with Mr. Parth Shrivastava, Advocate. For Respondent No.1/State : Mr. Sangharsh Pandey, G.A. For Interveners : Mr. Vivek Siddharth Ojha and Ms. Katyayani Vishnu Priya, Advocates. SMT NIRMALA RAO 2 Division Bench: Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Rakesh Mohan Pandey, Judge Order on Board Per Ramesh Sinha, Chief Justice 27.05.2025 1. The office has raised an objection that the writ appeal against an interim order is not maintainable. 2. The appellant has filed this writ appeal with the following prayer: “It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow this application and and stay the effect and operation of the order dated 02.05.2025, so far it relates to the medical examination of the Appellant, till the final disposal of the instant case in the interest of justice.” 3. The facts of the present case are that the petitioner filed WP(S) No. 3771 of 2023 against a show-cause notice dated 29.5.2023 issued to the appellant by the Director, Veterinary Services, whereby he was directed to get verified his disability certificate from the President of the Divisional Medical Board, Joint Director and Superintendent of Dr. Bhimrao Ambedkar Hospital, Raipur. The appellant is a physically disabled person suffering from hearing impairment. A disability certificate was issued to him by the Competent Authority. The appellant participated in a recruitment process and was appointed to the post of Veterinary Assistant Surgeon. A complaint was made by the Chhattisgarh 3 Divyang Seva Sangh against the appellant and some other persons to the effect that they obtained the disability certificates in a fraudulent manner. A three member committee was constituted, wherein the appellant was directed to submit the documents. A report was submitted by the said committee wherein the disability certificate was found genuine. Later on, the Director, Veterinary Services, issued a show cause notice to the appellant and other selected persons. They challenged the validity and proprietary of show cause notices by filing various writ petitions. The interim order was passed to the effect that no coercive steps shall be taken against them. 4. On 2.5.2025, the Writ Court modified the interim order and granted liberty to the respondents to proceed against the appellant and other selected candidates but they have been restrained from taking a final decision without the leave of the Court. Further, a direction was issued for the medical examination of the appellant and other similarly selected candidates strictly in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 (for short “Act of 2016”) in a fair and transparent manner. The Secretary, Department of Health and Family Welfare has been directed to constitute a State Medical Board for examination of the appellant and other selected candidates and to submit its report. The appellant has challenged the order dated 2.5.2025 by filing this writ appeal. 5. With regard to the maintainability of the writ appeal, Mr. Shukla would submit that the writ appeal is maintainable in light of the 4 law laid down by the Hon’ble Full Bench in the case of Ajay Jagarnath vs. State of Chhattisgarh, AIR 2017 CHHATTISGARH 45, wherein it is held that the order vitally affecting the right of the parties having bearing on the final adjudication, though interim at the interim stage is not pure interlocutory order and an appeal would lie against it. He would further submit that earlier the disability certificate of the appellant was duly verified by the expert committee and there is no need for re-examination or scrutiny of the said document. He would also submit that the appellant was examined by the Divisional Medical Board and thereafter, a disability certificate was issued. Therefore, there was no need for modification of the interim order granted on 21.6.2023. He would pray to allow the writ appeal. 6. On the other hand, learned Advocates appearing for the respondents would oppose the submissions made by counsel for the appellant. They would submit that the interim order/protection is still operating in favour of the appellant. It is argued that the Writ Court has issued a direction for the medical examination of the appellant and other similarly situated persons. They would contend that as there is no order affecting the rights of the appellant, this appeal is not maintainable. 7. We have heard learned counsel for the parties and perused the material available on the record. 8. Admittedly, there is a dispute with regard to the disability certificate issued in favour of the appellant. The appellant was 5 appointed to the post of Assistant Veterinary Surgeon on the basis of the disability certificate. A complaint was made and the certificate of the appellant and other selected candidates was examined by a three member committee. A report was submitted and findings were recorded in favour of the appellant and other selected candidates. It appears that the disability certificates and persons suffering from disabilities were not examined by the Medical Board or any expert body, therefore, the department issued show-cause notices to the appellant and other selected candidates and those notices were challenged by filing various writ petitions. The Writ Court vide order dated 21.6.2023 passed a protective order in favour of the appellant and other selected candidates. Vide order dated 2.5.2025, the writ Court permitted the State to continue with the proceedings but restrained them from passing the final order and in the meanwhile, directed the Secretary, Department of Health of Family Welfare to constitute a State Medical Board for examination of the appellant and other selected candidates and to submit a report. 9. The appellant has not assailed the interim order passed in the writ petition dated 2.5.2025 rather he has sought a part stay, which cannot be granted. A perusal of the order dated 2.5.2025 would show that the interim order is still operating in favour of the appellant. No order has been passed affecting his rights, therefore, the writ appeal is not maintainable. The appellant would be at liberty to raise all the grounds available to him before the writ Court. 6 10. Accordingly, in our opinion, the present appeal is liable to be and is hereby dismissed. Sd/- Sd/- (Rakesh Mohan Pandey) (Ramesh Sinha) JUDGE CHIEF JUSTICE Nimmi