[2025:RJ-JP:8757] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8922/2024 Radha D/o Shri Madan Lal, Aged About 34 Years, R/o Village Suliyawas, Tehsil Dantaramgarh, District Sikar-332702 (Rajasthan) ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Medical Health And Family Welfare Services Department, Govt. Secretariat, Jaipur (Raj.) 2. The Director, Medical Health And Family Welfare Services Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.) 3. The Additional Director, Medical Health And Family Welfare Services Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.) 4. The Chief Medical Officer And Secretary Member Rajasthan Medical Relief Society, Government Jaipuria Hospital, Jaipur (Raj.) ----Respondents Connected With S.B. Civil Writ Petition No. 16941/2024 Chandrakala Meena D/o Shri Rameshwar Prasad Meena W/o Shri Babu Lal Meena, Aged About 40 Years, Resident Of 1563, Mehro Ki Nadi, Subhash Chowk, Jaipur-302002 (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur (Raj.) 2. The Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur 3. State Institute Of Health And Family Welfare, Through Its Director Having Its Office Jhalana Doongri, Jaipur ----Respondents S.B. Civil Writ Petition No. 17310/2024 Anita Kumari Yadav D/o Dhulji Yadav, Aged About 40 Years, R/o [2025:RJ-JP:8757] (2 of 4) [CW-8922/2024] 6/ma/204, Indira Gandhi Nagar, District Jaipur, Rajashtan ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Secretariat, Jaipur,rajasthan. 2. The Director, State Institute Of Health And Family Welfare, District Jaipur, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 1612/2025 Rakesh Kumar Kasotiya Son Of Shri Kana Ram Kasotiya, Aged About 30 Years, R/o Ward No.01, Gopal Colony, Tehsil Shrimadhopur, District Sikar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Secretariat, Jaipur. 2. Director, State Health And Family Welfare Institution, Jhalana, Jaipur. 3. The Director (Non-Gazetted), Medical And Health Services, Rajasthan, Jaipur. 4. Chief Medical And Health Officer, Sikar. ----Respondents For Petitioner(s) : Mr. Sumer Singh Mr. Tanveer Ahamad Mr. Harendar Neel Mr. Hansraj Kuldeep For Respondent(s) : Mr. Rajendra Prasad, AG with Ms. Dhriti Laddha Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SAMEER JAIN Order 27/02/2025 1. A bunch of matters is listed for hearing today. [2025:RJ-JP:8757] (3 of 4) [CW-8922/2024] 2. Learned counsel for the petitioners while placing reliance upon the order passed by Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.1760/2020 titled as Sunita Kumari Vs. The State of Rajasthan & Anr, qua which an appeal was also preferred before the Division Bench at Principal seat, Jodhpur in D.B. Special Appeal Writ No.572/2023, has submitted that the instant matter is squarely covered by the dictum encapsulated in Sunita Kumari(supra), therefore, instant matter can be decided in light of the same. 3. Learned Advocate General has drawn attention of this Court on 'para 19' of the D.B. Special Appeal Writ No.572/2023 (supra) and has submitted that as per the Rule 13 of the Rules of 1965 (hereinafter 'referred as Rules of 1965'), the employer has a right to adjudge suitability of a candidate for appointment to the posts, in conformity with the rules governing the service conditions. 4. Furthermore, it is submitted that the second issue pertains to the issuance of Physical Handicapped Certificate with respect to the test conducted by the Medical Board, however, same is sub- judice for adjudication before the Hon'ble Supreme Court (SLP No.2816/2025). 5. Further, it is apprised to this Court that D.B. Special Appeal Writ No.282/2021 titled as Smt. Prem Kumari vs. State of Rajasthan and Ors., is also subjudice before the Division Bench of this Court. 6. Therefore, prayer is made for an adjournment by the learned Advocate General. 7. Heard and considered. [2025:RJ-JP:8757] (4 of 4) [CW-8922/2024] 8. Considering the arguments advanced by the learned counsel for the parties, taking note of the proposal made by the respective sides for constituting a fresh Medical Board at SMS Hospital and formation of committee in this regard by Principal, SMS Hospital, for carrying out the physical test by a competent authority (any person as State deems competent), to ensure certainty and time bound adjudication of the matter, this Court directs that Principal, SMS Hospital, Jaipur to consider the case of petitioners and constitute a Medical Board within a period of 10 days from the date of passing of this order, and the said Board after appropriate analysis shall furnish result in a fair and transparent manner, strictly in accordance with law. It is made clear that the re- examination result/report shall be final and binding upon the respective sides. 9. The petitioners are directed to report on 19.03.2025 at appropriate time as specified by the Principal, SMS Medical Hospital or the competent authority, at SMS Hospital, Jaipur. 10. Respective sides to carry out appropriate actions upon the medical report. 11. Accordingly, the instant petitions are disposed of. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/7-10