RAKESH S/O SHRI VASUDEV v. RAJASTHAN STATE PUBLIC SERVICE COMMISSION
CW/3518/2026 · 2026-02-24
Anand Sharma
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 3837 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3837 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:8492] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3518/2026 Rakesh S/o Shri Vasudev, Aged About 41 Years, R/o Village Galle Ka Nagala, Tehsil Bayana, District Bharatpur, Rajasthan. ----Petitioner Versus Rajasthan State Public Service Commission, Through Secretary, Ajmer, Rajasthan. ----Respondent For Petitioner(s) : Mr. Sukhdev Singh Solanki, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 24/02/2026
1.
Learned counsel for the petitioner submits that in pursuance of advertisement dated 02.09.2024, the petitioner applied for the post of RAS and RTS in MBC Physically Handicapped (MD) category as the petitioner is having 45% Low Vision and Locomotor Disability. The petitioner appeared in preliminary and main examinations conducted by the respondents and was declared successful. Thereafter, the petitioner was called for medical examination on 05.01.2026, however, medical examination of the petitioner was not conducted properly and his disability was wrongly assessed at 31%. It is submitted that the petitioner has submitted representation dated 12.02.2026 to the respondents for re-examination of the petitioner but no action has been taken by the respondents thereon.
2.
Learned counsel submits that the petitioner may be granted liberty to get his disability examined by the medical
[2026:RJ-JP:8492] (2 of 2) [CW-3518/2026] experts of AIIMS, 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 in disability certificate dated 23.05.2024 of the petitioner and disability assessed by the respondents, this Court grants liberty to the petitioner to get himself examined for the purpose of ascertaining his 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 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 /53