[2025:RJ-JP:44117] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8082/2023 1. Rakesh Kumar Bakoliya S/o Shimbhu Dayal Bakoliya, Resident Of Vpo Khelna, Teh-Paota, District -Jaipur, Rajasthan. 2. Smt. Prem Kumari D/o Mahavir Singh, Resident Of 263/78, Sector No. 263, Near Nri Colony, Pratap Nagar Sanganer, Jaipur, Rajasthan. 3. Amrit Lal Parihar S/o Shri Nathu Ram, Resident Of Vpo Barwa The. Bali, District Pali, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Social Justice And Empowerment, Government Of Rajasthan, Secretariat, Jaipur. 2. The Principal Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur. 3. The Director, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur. 4. The Commissioner For Persons With Disabilities, Government Of Rajasthan, G-3/1, Vishesh Yogyajan Bhawan (Vistar), Hotel Rajmahal, Residency Area, Jaipur ----Respondents For Petitioner(s) : Mr. Jitender Mishra For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/11/2025 1. Instant Writ Petition is preferred with following prayer:- “It is therefore, most repsectfully prayed that the present Writ Pettion may kindly be allowed and the Hon’ble Court may please to pass a writ, order or direction to the respondent to modify the impugned advertisement dated 05.05.2023 to the extent that the persons having disability of one Arm also [2025:RJ-JP:44117] (2 of 3) [CW-8082/2023] included to the list of disability, further an opportunity may be accorded to the petitioners to appear in the competition under the category or disabled person with one Arm.” 2. Learned counsel for petitioners submits that the respondents have advertised recruitment for the post of Nursing Officer and petitioner fulfills the criteria in PH Category as prescribed by Union of India vide Gazette Notification dated 07.01.2021 but the respondents have not included the person with one arm in the category of PH to give them benefit for the category for which the petitioners have filed their applications. 3. Learned counsel for respondent submits that on the basis of recommendation of Advisory Committee, the respondents have adopted qualification of Nurse-General which is in serial list in said notification, therefore, it is necessary for the petitioners to challenge the notification issued by the respondents, which is maintainable before the Division Bench of this Hon’ble Court. 4. Learned counsel for petitioner submits that he has moved an application No. 01/2025 for amendment in prayer of writ petition, therefore, he may be permitted to withdraw the instant writ petition with liberty to file a fresh D.B. Writ Petition to challenge the notification after including the amended prayer made in the application No. 01/2025 in writ petition and with aforesaid, the interim order be protected for next four weeks. 5. Having considered aforesaid, the writ petition is dismissed as withdrawn with liberty as aforesaid. 6. The interim order dated 16.01.2025 would remain in force for next 4 weeks but it would be deemed to be vacated after expiry of 4 weeks. [2025:RJ-JP:44117] (3 of 3) [CW-8082/2023] 7. With aforesaid, the instant writ petition along with pending application(s), if any stands disposed. (ASHOK KUMAR JAIN),J MONU /76