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2025 DAILYLAW 40306 (RAJ)

AJAY SINGH SON OF NAHAR SINGH v. THE STATE OF RAJASTHAN

CW/15364/2025 · 2025-10-08

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:40815] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15364/2025 Ajay Singh Son Of Nahar Singh, Aged About 25 Years, Resident Of Village And Post Santrook, Tehsil Kumher, District Deeg, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Jaipur. 2. The Chief Executive Officer, Zila Parishad, Dholpur, Rajasthan. 3. The Director, Elementary Education, Rajasthan, Bikaner. 4. The Vikas Adhikari, Panchayat Samiti Dholpur, District Dholpur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Nitin Jain For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/10/2025 1. Learned counsel for the petitioner submits that the petitioner is appointed on the post of Teacher Grade-III (Special Education) Level-I in the category of special abled person, OBC-NCL category. 2. Learned counsel further submits that prior to issuing appointment order, a disability certificate issued by the competent authority was taken into consideration and petitioner has also undergone the medical test by the competent Medical Board, however, on the basis of some anonymous complaint, the petitioner was directed to again undergo a medical test about his physical disability. After conducting medical test again, his permanent physical impairment (BL) is assessed as 41%. [2025:RJ-JP:40815] (2 of 2) [CW-15364/2025] 3. Learned counsel for the petitioner while referring order dated 01.09.2025also submits that the petitioner has got reasonable apprehension, that the respondents may initiate any action against the petitioner, which may be prejudicial to the interest of petitioner and may terminate his service without giving any opportunity of hearing. 4. Heard and considered. 5. Admittedly, at present no notice or order intending to dispense with/discharge/terminate the service of the petitioner has yet been issued by the respondents- Administrative Department to the petitioner. 6. Under these circumstances, this Court deems it just and proper to direct the respondents No. 1 to 4 that in case, they intend to take any coercive action against the petitioner, on the basis of report prepared by Revised Medical Board, then they will serve a show cause notice along with copy of report of Revised Medical Board, requiring the petitioner to submit his representation against such report of Revised Medical Board and no action shall be proposed against the petitioner without giving him personal opportunity of hearing. 7. It is made clear that no view has been expressed by this Court on merits of the case. 8. In view of above directions, writ petition stands disposed of, with pending application, if any. (ASHOK KUMAR JAIN),J PREETI VALECHA /27