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2026 DAILYLAW 903 (RAJ)

DR. SADAF SIDDIQUI DAUGHTER OF RAISUDDIN SIDDIQUI AND WIFE OF MOHAMMED ARIF v. STATE OF RAJASTHAN

CW/5072/2026 · 2026-03-19

Anand Sharma

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:11854] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5072/2026 Dr. Sadaf Siddiqui Daughter Of Raisuddin Siddiqui And Wife Of Mohammed Arif, Aged About 41 Years, Address 334, Jalupura, Near Sansar Chandra Road, Jaipur (Rajasthan) - 302001. ----Petitioner Versus 1. State Of Rajasthan, Through Its Additional Chief Secretary, Higher Education Department, Government Of Rajasthan, Government Secretariat, Jaipur. 2. Commissioner, Department Of College Education, Block- Iv, Dr. S. Radhakrishnan Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur (Rajasthan) - 302015. 3. Joint Director (Hrd), Department Of College Education, Block-Iv, Dr. S. Radhakrishnan Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur (Rajasthan) - 302015. 4. Principal, Government Girls P.g. College, Sawai Madhopur Ranthambhor Circle, Dushara Maidan, Sawai Madhopur (Rajasthan) - 322001. 5. Principal, Maharani Shri Jaya (Msj) College, Achnera Road, Bharatpur (Rajasthan) - 321001. 6. Medical Superintendent, Raj Bahadur Memorial Hospital, Vikas Nagar, Bharatpur (Rajasthan) - 321001. 7. Medical Superintendent, Sawai Man Singh (Sms) Hospital, Jaipur (Rajasthan) - 302004. 8. Executive Director, All India Institute Of Medical Sciences (Aiims), Basni Industrial Area Phase - 2, Jodhpur (Rajasthan) - 342005. ----Respondents For Petitioner(s) : Mr. Tribuvan Narayan Singh Mr. Sandeep Pathak For Respondent(s) : Mr. S.S. Naruka, AAG with Ms. Ritika Naruka HON'BLE MR. JUSTICE ANAND SHARMA Order [2026:RJ-JP:11854] (2 of 4) [CW-5072/2026] 19/03/2026 1. Mr. S.S. Naruka, AAG appears and accepts notice. 2. Petitioner has filed this writ petition with following prayer: "It is therefore most humbly and respectfully prayed that this Hon'ble Court may graciously be pleased to accept and allow this writ petition and further it is humbly prayed that: (i) by an appropriate writ, order or direction, the impugned action of the concerned respondents in directing the petitioner to undergo medical examination at a hospital lacking the necessary diagnostic facility, namely Optical Coherence Tomography (OCT), which is essential for the proper diagnosis and assessment of the petitioner disability arising from Stargardt disease in relation to low vision disability, be declared arbitrary, illegal, unjust and discriminatory. (ii) by an appropriate writ, order or direction, the order dated: 10-02-2026 (Annexure: 06) issued by the concerned respondents be declared illegal, wrong, void and further be quash and set-aside. (iii) by an appropriate writ, order or direction the order dated: 10-02-2026 (Annexure: 07) issued by the concerned respondents be declared illegal, wrong, void and further be quash and set-aside. (iv) by an appropriate writ, order or direction, the order dated: 12-02-2026 (Annexure: 08) issued by the concerned respondents be declared illegal, wrong, void and further be quash and set-aside. (v) by an appropriate writ, order or direction, the order dated: 20-02-2026 (Annexure: 09) issued by the concerned respondents be declared illegal, wrong, void and further be quash and set-aside. (vi) by an appropriate writ, order or direction, the concerned respondents be directed that the medical examination for verification and assessment of the petitioner disability be done and conducted by constituting a medical board at such hospital which is equipped with Optical Coherence Tomography (OCT) facility such as at Sawai Man Singh Hospital, Jaipur or AIIMS, Jodhpur or at any other hospital of the respondents choice where such Optical Coherence Tomography (OCT) facility is available. [2026:RJ-JP:11854] (3 of 4) [CW-5072/2026] (vii) by an appropriate writ, order or direction, the concerned respondents be directed not to take any coercive action against the petitioner and not to initiate any disciplinary proceedings or enquiry against the petitioner on account of any reason related with petitioner disability and petitioner be continued to work on the post of Assistant Professor (Political Science) and drew salary with all consequential benefits flowing thereof. (viii) any other relief which the Hon'ble Court deems fit be passed in favor of the petitioner. Hence, the petitioner aggrieved of the same, prefers the present Writ Petition. Hence, this Writ Petition " 3. It is stated by learned counsel for the petitioner that the petitioner is suffering from multiple disabilities namely low vision in both eyes (Stargardt) disease and mental illness (F-32 with OCD). Grievance of the petitioner is that pursuant to Circular dated 28.08.2025 issued by DOP, the respondents have asked the petitioner to undergo re-medical examination for ascertaining the nature and extent of disability suffered by the petitioner, however, the petitioner has been directed to appear before the Medical Board at Raj Bahadur Memorial Hospital, Bharatpur. Learned counsel submits that necessary machines and equipment for examining the disability of Stargardt disease and OCD are not available in Bharatpur Hospital however, the same are very much available in SMS Hospital, Jaipur therefore, instead of directing the petitioner to appear before the Medical Board to be constituted at Bharatpur Hospital, the petitioner may be given liberty to get her physical disability examined by the Medical Board at SMS Medical Hospital, Jaipur. 4. Learned Additional Advocate General also express no objection pursuant to the limited prayer extended by learned counsel for the petitioner. [2026:RJ-JP:11854] (4 of 4) [CW-5072/2026] 5. In view of above, this Court deems it just and proper to dispose of this writ petition with direction to the respondents to request the Superintendent of SMS Hospital, Jaipur for constituting Medical Board of at least three medical experts dealing with relevant diseases for examining the extent and nature of physical disability and to prepare reports in duplicate, one for the petitioner and the other for respondent-Department. Only after getting the report, the respondents shall proceed further in accordance with law. The aforesaid exercise shall be carried out within a period of 15 days from the date of receipt of certified copy of this order. 6. Pending application(s), if any, shall stand disposed of. (ANAND SHARMA),J NEERU/24