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2026 DAILYLAW 16449 (RAJ)

DEVI LAL BENIWAL S/O KALU RAM BENIWAL v. STATE OF RAJASTHAN

CW/1865/2026 · 2026-02-02

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:4866] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1865/2026 Devi Lal Beniwal S/o Kalu Ram Beniwal, Aged About 33 Years, R/o Girgichiyan Post Bikamsara, Tehsil Sardarsahar, District Churu (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Revenue And Colonisation Department, Secretariat Jaipur (Raj.). 2. Deputy Registrar (Land Office), Board Of Revenue Rajasthan, Ajmer. 3. Secretary, Rajasthan Staff Selection Board, Durgapura Jaipur-302018. ----Respondents For Petitioner(s) : Mr. Dhirendra Singh, Adv. on behalf of Mr. Gordhan Singh Fauzdar, Adv. For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 02/02/2026 1. Learned counsel for the petitioner submits that the petitioner has secured 168.61 marks, whereas the cut off for OBC LD/CP in the examination for the post of Patwari (Direct Recruitment) 2025 are much lesser, yet his candidature has been rejected indicating his percentage of disability only 18%. Learned counsel also produced the disability certificate dated 25.12.2017, wherein the petitioner is found to have 40% Locomotor Disability. 2. Learned counsel submits that he may be granted liberty to get his disability examined by the medical experts of AIIMS, [2026:RJ-JP:4866] (2 of 2) [CW-1865/2026] Jodhpur and on the basis of such result of re-medical examination the Competent Authority may be directed to take further actions. 3. Although, in the matters of disputed question of facts, this Court generally does not accept the writ petition, however, only on account of considerable variance between two disability certificates, one issued by Chief Medical and Health Officer Churu, Churu, Rajasthan dated 25.12.2017 and second by the respondents in impugned order, this Court grants liberty to the petitioner to get himself examined for the purpose of ascertaining his Locomotor Disability by the experts of AIIMS, Jodhpur. In case, the petitioner submits an application within a period of 7 days along with the demand draft of Rs.10,000/- in favour of Superintendent of AIIMS, Jodhpur then Superintendent of AIIMS, Jodhpur shall constitute a Medical Board for examining the extent and nature of Locomotor Disability of the petitioner within a period of 7 days thereafter. In case, the medical experts of AIIMS, Jodhpur certifies that the petitioner is possessing required Benchmark disability, then on the basis of such report, the petitioner shall make a representation before the respondents, who shall consider and decide the same strictly in accordance with law. 4. It is made clear that this Court has not expressed any opinion on merits of the case. 5. The Writ Petition filed by the petitioner stands disposed of. 6. Pending application(s), if any, stand(s) disposed of. (ANAND SHARMA),J Jatin /64