BHULESH MEENA S/O RAMKISHAN MEENA v. THE STATE OF RAJASTHAN
CW/13222/2025 · 2025-10-07
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37121 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37121 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:41243] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13222/2025 Bhulesh Meena S/o Ramkishan Meena, Aged About 35 Years, R/o Village Post Sudharan Para, Distt. Dausa, Rajasthan. ----Petitioner Versus
1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Personnel, Govt. Secretariat Govt. Of Rajasthan, Jaipur, Rajasthan.
2. The Director, Department Of Personnel, Secretariat, Main Building, Bhagwan Das Rd, Jaipur, Rajasthan 302005.
3. The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan. ----Respondents Connected With S.B. Civil Writ Petition No. 13640/2025
1. Hardev Son Of Shri Phool Singh, Aged About 38 Years, Resident Of- Village- Bagdhari, Post- Par, Tehsil- Bharatpur, District- Bharatpur, Rajasthan.
2. Sanjay Kumar Son Of Shri Phool Chand, Aged About 41 Years, Resident Of Near Power House Area Bakara, Village And Panchayatsamati- Bakra, Teshil And District- Jhunjhunu, Rajasthan.
3. Ashish Kumar Kalal Son Of Shri Ramesh Chandra Kalal, Aged About 32 Years, Resident Of Village And Post- Sansarpur, Tehsil- Jhothri, District- Dungarpur, Rajasthan. ----Petitioners Versus
1. Rajasthan Public Service Commission, Ajmer, Through Its Secretary.
2. Swai Man Singh Hospital, Jaipur Through Its Superintendent. ----Respondents S.B. Civil Writ Petition No. 13682/2025 Gobind Ram S/o Mahender Singh, Aged About 28 Years, Vpo Phephana, Tehsil Nohar, District Hanumangarh, Rajasthan.
[2025:RJ-JP:41243] (2 of 6) [CW-13222/2025] ----Petitioner Versus Rajasthan Public Service Commission, Through Its Secretary, Ajmer. ----Respondent For Petitioner(s) : Mr. Akshit Gupta with Mr. Nakul Bansal & Mr. Shreyansh Dhariwal (S.B. Civil Writ Petition No. 13222/2025) Ms. Anisha Yadav (S.B. Civil Writ Petition No. 13640/2025) Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : Mr. M.F. Baig HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 07/10/2025
1. These writ petitions have been filed by petitioners assailing the action of respondent(s) in rejecting the candidature based on benchmark disability requirements by RPSC.
2.
Brief facts giving rise to the writ petitions are that the present petitioners appeared in the Rajasthan State and Subordinate Services Combined Competitive Exam, 2023, pursuant to the advertisement dated 28.06.2023. The petitioners cleared their RAS Mains Examination, and the respondents issued the results, calling upon the qualified candidates for the interview stage. It is the case of the petitioners that they were disqualified on the premise that the disability of the petitioners is below the benchmark disability as stipulated in the advertisement dated
28.06.2023.
[2025:RJ-JP:41243] (3 of 6) [CW-13222/2025]
3. After considering the grievance of present petitioners, a Co- ordinate Bench of this Court has passed an interim order on 17.09.2025 whereby a Medical Board of Experts from All India Institute of Medical Sciences, Jodhpur was constituted to assess and examine the respective impairments of the petitioners and provide disability certificates to the petitioners on the basis of assessment of final disability. S.B. Civil Writ Petition No. 13222/2025
1. As per certiifcate issued after medical examination by Medical Board of AIIMS, Jodhpur present petitioner- Bhulesh Meena is suffering from permanent physical disability i.e. hearing impairment (HI) of 48.26% in accordance with the guidelines issued by the Government of India. The certificate is sufficient to show that petitioner Bhulesh Meena is possessing bench mark disability as required by RPSC for the category for which certificate was issued by AIIMS.
2. Having considered aforesaid and statement of learned counsel for the parties, the respondent(s) are directed to consider the candidature of present petitioner- Bhulesh Meena in the category for which a certificate has been issued to the petitioner.
3. If petitioner is selected to be called for interview process, if found eligible otherwise than candidature of present petitioner may be considered and respondent-RPSC is directed to declare his result, strictly in accordance with merits of relevant category.
[2025:RJ-JP:41243] (4 of 6) [CW-13222/2025]
4. With aforesaid, the S.B. Writ Petition No. 13222/2025 stands
disposed of with pending application(s), if any. S.B. Civil Writ Petition No. 13640/2025
1. In pursuant to interim order dated 17.09.2025 a Medical report sent by AIIMS Jodhpur after medical examination by the Competent Board clearly indicate that present petitioner Hardev is suffering from a permanent disability i.e. virtual impairment (VI) of 30% in accordance with the guidelines issued by the Government of India.
2. Admittedly, the petitioner is not entitled for the relief for
consideration of his candidature for selection in Rajasthan State and Subordinate Services in pursuant to advertisement dated
28.06.2023.
3.
Learned counsel for petitioner submits that the assessment by Medical Board was not in accordance with the guidelines issued very recently after coming into force of RPwD Act, 2016. He further submits that a liberty be granted to the petitioner to make a representation to the respondent(s) on the basis of said guidelines.
4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondents within a period of two weeks raising all grounds. The respondents are
directed to decide of the representation with a reasoned and speaking order within a period of 4 weeks from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order to the petitioner either by
[2025:RJ-JP:41243] (5 of 6) [CW-13222/2025] way of speed post or through E-mail, if petitioner has provided E- mail in his representation. If the petitioner is still aggrieved, he has right to re-approach the court with fresh petition.
5. Accordingly, the writ petition with pending application, if any, stands disposed. S.B. Civil Writ Petition No. 13682/2025
1. In pursuant to order dated 17.09.2025, a report dated 25.09.2025 is prepared by the Medical Board of AIIMS Jodhpur which indicate that present petitioner Gobind Ram is siffering from temporary physical possibility i.e. hearing impairment (HI) of 14.66% in accordance with the guidelines issued by the Government of India.
2. Admittedly, the petitioner is not entitled for the relief for
consideration of his candidature for selection in Rajasthan State and Subordinate Services in pursuant to advertisement dated
28.06.2023.
3.
Learned counsel for petitioner submits that the assessment by Medical Board was not in accordance with the guidelines issued very recently after coming into force of RPwD Act, 2016. He further submits that a liberty be granted to the petitioner to make a representation to the respondent(s) on the basis of said guidelines.
4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondents within a period of two weeks from now raising all grounds. The
[2025:RJ-JP:41243] (6 of 6) [CW-13222/2025] respondents are directed to decide the representation with a reasoned and speaking order within a period of 4 weeks from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has right to re-approach the court with fresh petition.
5. Accordingly, the writ petition with pending application, if any, stands disposed. In view of discussions made hereinabove, all these writ petitions stands disposed of with pending application(s), if any.
(ASHOK KUMAR JAIN),J MONU /34-36