RAJENDRA SEPAT S/O SHRI RAMESHWAR SEPAT v. STATE OF RAJASTHAN
CW/12592/2025 · 2025-08-29
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27846 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27846 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:34638] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12592/2025 Rajendra Sepat S/o Shri Rameshwar Sepat, Aged About 33 Years, R/o Nangal Bharda, Chomu, District Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through The Chief Secretary Of The State Of Rajasthan, Government Secretariat, Jaipur.
2. The Principal Secretary, Department Of Agriculture, Government Secretariat, Jaipur ----Respondents For Petitioner(s) : Mr. Lalit Sharma HON'BLE MR. JUSTICE ANAND SHARMA
Order 29/08/2025
1.
Learned counsel for the petitioner submits that vide
order dated 11.03.2022, the petitioner was appointed on the post of Agriculture Supervisor in respondent-Department of Agriculture, Government Secretariat pursuant to his selection after following the due process of recruitment prescribed in Rajasthan Agriculture Subordinates Rules, 1978, and he has been appointed as specially abled candidate in ‘hearing impaired’ category with 41% disability.
2.
Learned counsel for the petitioner further submits that the examination with regard to his disability has already been conducted by duly constituted Medical Board of SMS Medical College, Jaipur, yet in order to unnecessarily harass and victimize the petitioner, now at the instance of Special Operations Group (SOG), Jaipur, the petitioner has been asked again to appear for medical examination, which is violation of his fundamental rights
[2025:RJ-JP:34638] (2 of 2) [CW-12592/2025] and he cannot be harassed in such a manner at the instance of an authority, who is not an appointing authority of the petitioner.
3. Heard the learned counsel for the petitioner and examined the record.
4. It does not reflect from the contents of the writ petition or even from the submissions made by the learned counsel for the petitioner as to whether, any fundamental right or statutory right of the petitioner has been infringed by the action of the respondents. The petitioner has been appointed as specially disabled person in ‘hearing impaired’ category and on account of any suspicion with regard to his disability, the respondents can always ask the petitioner for undergoing the medical examination and merely conducting such examination is not going to cause any prejudice and miscarriage of justice to the petitioner. At present, no action appears to be taken by the respondents against any of his vested rights.
5. In the light of above, there is no scope for interference in the writ jurisdiction under Article 226 of the Constitution of India, and the writ petition filed by the petitioner is hereby dismissed.
(ANAND SHARMA),J DAKSH/7