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2026 DAILYLAW 745 (RAJ)

UTSAV LAL SAHU S/O DURGA LAL SAHU v. THE STATE OF RAJASTHAN

CW/4744/2026 · 2026-03-17

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:11223] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4744/2026 Utsav Lal Sahu S/o Durga Lal Sahu, Aged About 48 Years, R/o Br-541, New Colony, Bundi, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Of Rajasthan, Government Secretariat, Jaipur. 2. The Director, Elementary Education, Rajasthan, Bikaner. 3. The Chief Executive Officer, Zila Parishad, Sirohi. 4. The District Education Officer (Headquarter), Elementary Education, Sirohi. 5. The Rajasthan Staff Selection Board, Through Its Secretary, Agriculture Management Institute Building, Durgapura, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 17/03/2026 1. Learned counsel for the petitioner submits that the petitioner submitted his application for the post of Teacher Grade- III Level-2 pursuant to advertisement dated 16.02.2022 under OBC H1 (PH) category. Despite being eligible his candidature has been rejected indicating his percentage of disability only 23% instead of 42%. Learned counsel has also produced the disability [2026:RJ-JP:11223] (2 of 3) [CW-4744/2026] certificate dated 05.11.2024, wherein the petitioner is found to have 42% hearing impairment in both ears. 2. Learned counsel submits that petitioner may be granted liberty to get his disability examined by the medical 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 between two disability certificates, one issued by Chief Medical and Health Officer, Bundi, Rajasthan dated 05.11.2024 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 'Hearing Impairment 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. Writ petition filed by the petitioner stands disposed of. [2026:RJ-JP:11223] (3 of 3) [CW-4744/2026] 6. Pending application(s), if any, stand(s) disposed of. (ANAND SHARMA),J RINCHU /16