ROSHNI WIFE OF SHRI KULDEEP SINGH v. STATE OF RAJASTHAN
CW/12501/2026 · 2026-07-27
Ganesh Ram Meena
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11085 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11085 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:28881] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12501/2026 CNR: RJHC020674992026 | URN: CW / 27594U / 2026 Roshni Wife Of Shri Kuldeep Singh, Aged About 35 Years, Resident Of Village Maharana, Tehsil Bhadra, District Hanumangarh, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur
2. The Director, State Health And Family Welfare Institution, Jaipur.
3. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur.
4. Director, Government Rukmani Devi Beniprasad Jaipuriya Hospital, Jaipur.
5. Coordinator, Medical Board, Dy. Medical Superintendent, Hospital Administration Department, All India Institute Of Medical Boad, Jodhpur (Raj).
6. Medical Superintedent (Karyavahak/acting), All India Institute Of Medical Boad, Jodhpur (Raj). ----Respondents For Petitioner(s) : Ms. Lakshmi Kanwar Shekhawat For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 27/07/2026
1. This writ petition has been filed by the petitioner with a challenge to the reply to the notice dated 20.03.2026 whereby the
[2026:RJ-JP:28881] (2 of 4) [CW-12501/2026] respondents have intimated to the petitioner that she was medically examined by the Medical Board for assessing her disability and after assessing the disability, the report was also given to her.
2.
Learned counsel for the petitioner has also made a challenge to the order dated 31.10.2025 whereby the candidature of the petitioner against the vacancies for disability category was rejected in view of the assessment of the disability of the petitioner by a Medical Board, constituted at Jaipuria Hospital, Jaipur whereby the disability of the petitioner was assessed as one leg 25%. It is also prayed that the petitioner's candidature be considered for recruitment to the post of Nursing Officer in view of the disability certificate dated 19.11.2017 whereby the competent officer assessed her disability as 40%. Learned counsel also submits that the petitioner is having disability of more than 40% as has been assessed and disability certificate has been issued by the competent authority.
3.
Learned counsel for the petitioner further submits that while petitioner was medically examined by the Medical Board of three Officers at A.I.I.M.S., Jodhpur under the directions of the Court, on 13.02.2026, the disability certificate issued on the very same date but, one of the Doctor has singed on the next date, which shows some discrepancies in the said certificate issued by the Medical Board and, therefore, appropriate directions be issued for re-medical examination of the petitioner for assessment of her disability.
4. Considered the submissions made by the counsel for the petitioner and also perused the material available on record.
[2026:RJ-JP:28881] (3 of 4) [CW-12501/2026]
5. The petitioner was issued a permanent disability certificate on 19.11.2017 by Medical Officer where her disability was assessed as 40% permanent physical impairment in relation to her left leg.
6. During the recruitment process the petitioner was called for medical examination for assessing her disability at Jaipuria Hospital, Jaipur and her disability was assessed as 27%. Under the direction of the Court vide order dated 06.02.2026 in S.B. Civil Writ Petition No. 2305/2026 the petitioner was again medically examined by a Medical Board of three Members at A.I.I.M.S. Jodhpur and her disability was assessed as 30% for selection and recruitment against the vacancies earmarked for the disability category, one who sustained permanent disability of 40% or above.
7. Since as per the Medical Board constituted under the direction of this Court at A.I.I.M.S. Jodhpur, disability of the petitioner has been assessed as 30%, the petitioner cannot claim recruitment against the vacancies earmarked for the disability category. The Courts are not the expert of the medical field regarding the assessment of the disability and once the disability has been assessed by the Medical Board and that too constituted under the direction of the Court, no dispute can be raised.
8. In view of the fact that the permanent disability of the petitioner has been assessed less than 40% by the Medical Board at Jaipuria Hospital, Jaipur and other at A.I.I.M.S. Jodhpur, the petitioner cannot claim appointment under this disability category.
9. In view of the above, this Court finds no merit in the writ petition. Hence, the present writ petition is dismissed.
[2026:RJ-JP:28881] (4 of 4) [CW-12501/2026]
10. The stay application and pending application, if any, also stands disposed of.
(GANESH RAM MEENA),J 94/SHRUTI SHARMA