[2026:RJ-JP:400] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9244/2014 Desh Chaman Singh Mehrat S/o Late Shri Ghisa Singh, aged 41 Years, Resident of Badiya Shyama (Thousala) Post Jaliya-I, Tehsil Beawar District Ajmer ----Petitioner Versus 1. The State of Rajasthan through Secretary, Department of Revenue, Government of Rajasthan Secretariat, Jaipur. 2. The Board of Revenue, Rajasthan, Ajmer. 3. The District Collector, Ajmer. ----Respondent For Petitioner(s) : Mr. Sunil Kumar Jain, Adv. For Respondent(s) : Mr. Umesh Choudhary, Adv. for Mr. Vidyadhar Gathala, AGC HON'BLE MR. JUSTICE ANAND SHARMA Judgment 07/01/2026 1. Petitioner has filed the instant writ petition against the order dated 14.08.2014 passed by District Collector, Ajmer, whereby his services on the post of Patwari have been terminated narrating him to be a person who is not physically fit to conduct the work of Patwari on account of having physical disability of more than 40%. 2. Learned counsel for the petitioner submits that the petitioner participated in the recruitment process initiated by the respondents and after competing in the recruitment process, he was selected and appointed on the post of Patwari. Although, he is having physical disability, yet he is not claiming any reservation, [2026:RJ-JP:400] (2 of 6) [CW-9244/2014] otherwise admissible to specially abled persons under the provisions of Rights of Persons with Disabilities (RPwD) Act, 2016. 3. Learned counsel for the petitioner submits that the present writ petition was earlier dismissed by the Co-ordinate Bench of this Court vide judgment dated 09.02.2015 relying upon a report given by the Medical Board, SMS Hospital, Jaipur on 15.01.2015, which indicated the physical disability of the petitioner to be around 89.67%. 4. Against dismissal of the writ petition, the petitioner approached the Division Bench of this Court by way of filing D.B. Special Appeal (Writ) No.307/2015. The petitioner was directed to appear in person before the Division Bench for the purpose of General Physical Examination for the purpose of assessing his ability to conduct work. Learned counsel submits that in compliance of directions of Hon’ble Division Bench, the petitioner appeared in person and while deciding the special appeal vide order dated 13.08.2015, it has been observed by the Division Bench that the petitioner can walk easily without any difficulty, however, he is unable to lift his right hand, which appears to be non-functional. It was further observed that the petitioner was able to write his name clearly with his left hand on the writing pad provided by the Court without any difficultly and answered all the questions which were put by the Division Bench with regard to his work without any difficultly. 5. Learned counsel for the petitioner further submits that earlier the petitioner was employed in Indian Army, however, on account of sustaining injury, he was discharged from Armed Forces, however, the injury sustained by the petitioner is not of [2026:RJ-JP:400] (3 of 6) [CW-9244/2014] such nature which would make him unable to conduct civil work such as the job of Patwari. He further submits that the Division Bench also observed prima facie that the opinion of the Medical Board assessing the disability of the petitioner as 89.67% does not appear correct on general physical observation. However, after making such observations, the Division Bench has remanded the matter for fresh consideration by this Court. 6. Learned counsel for the petitioner submits that prior to passing of impugned order dated 14.08.2014, the petitioner was directed to undergo training for the purpose of job of Patwari, which admittedly the petitioner has completed without any difficultly and therefore, it cannot be said that the petitioner was physically unfit for the purpose of job of Patwari. Learned counsel for the petitioner submits that although, general observations with regard to his physical fitness have been given by the Hon’ble Division Bench of this Court, yet still he is ready for a fresh medical examination through the Medical Board of AIMS, Jodhpur for reassessment of nature and extent of his disability. 7. Per contra, learned counsel for the respondents opposed the writ petition and submitted that even the initial advertisement dated 19.02.2013 was absolutely clear and it was mentioned in quite explicit terms in the advertisement that the candidate should by physically as well as mentally fit for conducting the work of Patwari in accordance with Rule 273 (4)(iv) of Rajasthan Land Revenue (Land Records) Rules, 1957. He further submits that it was also made clear in the advertisement that post of Patwari has not been identified for granting reservation for specially abled persons and admittedly, the [2026:RJ-JP:400] (4 of 6) [CW-9244/2014] petitioner is having disability of more than 40%, therefore, looking to the work of Patwari where he is required to conduct field work of survey and measurement also, in the facts and circumstances where admittedly right hand of the petitioner is not working, he is not physically fit to carry out his work. Under these circumstances, the respondents have committed no mistake in passing the order dated 14.08.2014 and the writ petition filed by the petitioner is liable to be dismissed. 8. Heard learned counsel for the parties and perused the record. 9. The order dated 14.08.2014 is based upon Rules 273 (4) (iv) of Rajasthan Land Revenue (Land Records) Rules, 1957, which is being reproduced as under:- “(iv) A candidate for recruitment to the post of Patwari must be in good mental and bodily health and free from any mental or physical defect likely to interfere with the efficient performance of his duties as a patwari and if selected must produce a certificate to that effect from a Medical Authority notified by the Government for the purpose. The Appointing Authority may dispense with production of such certificate in the case of candidate who is already serving in connection with the affairs of the State if he has already been medically examined for the previous appointment and the essential standards of medical examination of the two posts held by him are comparable for efficient performance of duties of the new posts and his age has not reduced his efficiency for the purpose.” 10. Bare perusal of the aforesaid Rule does not prohibit appointment of any person suffering from physical disability as a Patwari, however, the Appointing Authority may satisfy himself with regard to good mental and bodily health of the incumbent so that he may not be suffering from any mental or physical defect [2026:RJ-JP:400] (5 of 6) [CW-9244/2014] which was likely to interfere with the efficient performance of his duties as a Patwari. 11. In the instant case, although, Medical Board of SMS has given a report that the petitioner was suffering from physical disability upto the level of 89.67%, yet order dated 13.08.2015 passed by the Division Bench reveals that petitioner appeared in person before the Division Bench, where on general physical examination as well as after putting some question, it has been observed by the Division Bench that prima facie the petitioner is able to write through his left hand and there is no difficulty in working by the petitioner. Further he was also able to satisfactorily reply to the question put to him by the Division Bench with regard to his work. More so, in the instant case, admittedly, the petitioner has undergone the training of Patwari which was conducted by the respondent-Department, therefore, under these circumstances, it would be in the interest of justice to grant one more opportunity to the petitioner to have his physical examination through an independent medical board. 12. In view of above, the instant writ petition is disposed of with a direction to the respondents to constitute a fresh Medical Board of the doctors of AIMS, Jodhpur so as to assess the physical disability of the petitioner. The Medical Board is also directed to make observations in its report with regard to physical and mental abilities of the petitioner in conducting manual work just as of holding files and his writing capacity as well as his mental ability to answer the issues with regard to official job. Such exercise shall be conducted within a period of three months and the report of Medical Board shall further be examined by the Secretary, [2026:RJ-JP:400] (6 of 6) [CW-9244/2014] Department of Revenue, Government of Rajasthan, who shall pass further appropriate orders on the basis of such fresh report of Medical Board as directed hereinabove. 13. In case, the petitioner is found physically fit by the Medical Board to conduct his work, then, he shall be reinstated forthwith by the respondents by maintaining continuity of service, however, he shall not be granted actual monetary benefits and all the benefits of pay fixation and seniority shall be granted to the petitioner on notional basis. 14. The Writ Petition stands disposed of as per above directions. 15. Pending application(s), if any, stand(s) disposed of. (ANAND SHARMA),J Jatin /18