GARIMA YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner questioning order dtd. 15/12/2025 issued by the Department of Personnel, Government of Rajasthan, whereby the petitioner was directed to appear before the Medical Board of Sawai Man Singh Hospital for her medical/disability examination. Learned counsel submits that respondent-RPSC issued advertisement dtd. 28/6/2023 for holding Rajasthan State and Subordinate Services combined competitive examination. Learned counsel submits that petitioner, since possessing the disability certificate issued by the Competent Authority certifying the percentage of disability of the petitioner as 46%, submitted her application form as specially abled person and after undergoing the recruitment process, she was also selected and was subjected to re-examination of her disability by duly constituted board, which certified that the petitioner was suffering from 48% disability. Learned counsel submits that thus, the certificate already possessed by the petitioner was further confirmed by the Medical Board constituted by the respondent-RPSC, however, in quite arbitrary manner in the garb of formal health checkup, the petitioner was again subjected to disability examination and although, the examination conducting body has re-affirmed the disability of the petitioner, during the alleged health examination, without there being any authority, it was allegedly found that the petitioner is not suffering from prescribed bench mark disability. Although, nothing has been given in writing in this regard, yet the respondents are not treating the petitioner to be an eligible and entitled candidate for appointment under specially abled category. Learned counsel submits that subjecting a candidate for disability examination time and again is not only arbitrary but also atrocious for specially abled person, therefore, only on the basis of report of Medical Board, as obtained by RPSC, respondent-DOP ought to have treated the petitioner as specially abled person and accordingly, appointment should be given to the petitioner.

(2.) Learned counsel appearing for RPSC has stated that after conducting the entire process, the RPSC has recommended name of the petitioner for further consideration of DOP.

(3.) Learned counsel appearing for DOP submits that DOP has issued general circular dtd. 23/8/2025, whereby general directions have been given in respect of appointment to be given to specially abled person and it has been directed that before giving appointment, each and every disabled person is to be re- examined by the Medical Board and in case, his/her disability is confirmed by the Board, only then appointment is to be given to such candidate.