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2026 DAILYLAW 7481 (RAJ)

SANJAY KUMAR SON OF SHRI PHOOL CHAND v. STATE OF RAJASTHAN

CW/7451/2026 · 2026-05-12

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:20003] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7451/2026 Sanjay Kumar Son Of Shri Phool Chand, Aged About 41 Years, Resident Of Near Power House Area Bakara, Village - Bakra, Tehsil And District-Jhunjhunu, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Department Of Medical And Health Through Its Secretary, Government Secretariat Jaipur, Rajasthan. 2. Rajasthan Public Service Commission Ajmer, Through Its Secretary. 3. Swai Man Singh Hospital, Jaipur Through Its Superintendent. 4. All India Institute Of Medical Science Jodhpur, Rajasthan Through Its Director. ----Respondents For Petitioner(s) : Mr. Rajendra Prasad Yadav Ms. Anisha Yadav For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 12/05/2026 1. Petitioner participated in RAS recruitment process examination 2024 initiated by Rajasthan Public Service Commissioner, Ajmer (for short 'RPSC) in the category of Specially Abled Person (hearing impairment). 2. It is stated by learned counsel for the petitioner that after participating in the recruitment examination, the petitioner secured sufficient marks so as to find his name at the appropriate place in the merit list; however, only on account of fact that the [2026:RJ-JP:20003] (2 of 3) [CW-7451/2026] petitioner was subjected to medical examination through a Medical Board constituted by SMS Medical College, Rajasthan, where, his disability was assessed at 4% (four per cent), candidature of the petitioner was rejected. 3. Feeling aggrieved, the petitioner filed S.B. CWP No. 13640/2025, in which initially an interim order was passed directing for constitution of Independent Medical Board of the Medical Experts from AIIMS, Jodhpur for re-examination of the physical disability of the petitioner. Finally the writ petition No. 13640/2025 was decided by Co-ordinate Bench of this Court vide order dated 07.10.2025 directing the petitioner to submit a representation before the Competent Authority on the basis of report of Medical Board of AIIMS, who shall consider and decide the representation with a reasoned and a speaking order. 4. Learned counsel submits that the representation has wrongly been decided by the Secretary, RPSC vide order dated 23.03.2026 without considering that in the original certificate secured by the petitioner from the Competent Authority on 28.02.2019, disability of the petitioner was shown as 70%. 5. Heard learned counsel for the parties and perused the record. 6. This Court finds that in compliance of interim order passed in earlier S.B. CWP No. 13640/2025 filed by the petitioner, the petitioner appeared before the duly constituted Medical Board of AIIMS, Jodhpur and report of the Medical Board was also sent in which, hearing disability of the petitioner was assessed as 5.16% only. Thus, two altogether different Medical Boards; first constituted by the SMS, Medical College, Jaipur and another by [2026:RJ-JP:20003] (3 of 3) [CW-7451/2026] AIIMS Hospital, Jodhpur have examined the physical disability of the petitioner and have found that petitioner is not suffering from bench mark disability of 40% or above. 7. This Court cannot sit over the report given by the experts of aforesaid two Medical Boards and cannot take a different view than taken by the Medical Board, hence, there is no scope of interference in the instant writ petition and the same is hereby, dismissed. 8. Pending application(s), if any, shall also stand disposed of. (ANAND SHARMA),J NEERU/22