The central legal point established in the judgment is the protection of fundamental rights, particularly in the context of termination based on post-appointment medical examination findings, and the consideration of cases under Section 20 of the Persons with Disabilities Act, 2016.

JUDGMENT

Dinesh Mehta, J. - The facts of the present cases are rather unusual; they not only require adjudication of petitioners' legal rights but also warrant invocation of equitable jurisdiction vested in this Court by virtue of its plenary powers under Article 226 of the Constitution of India.

2. As all the captioned writ petitions involve identical questions of facts and law, they are being disposed of by this common order. The small difference in the facts is noticed hereunder:- 3(a) SBCWP No.13173/2019 : Piyush Patidar & Ors. Vs. The State of Rajasthan & Ors.:

(i) The petitioners herein applied for the post of constable advertised vide recruitment notification dated 16.07.2018 for recruitment in Mewar Bheel Core, Banswara. It is pertinent to note that this recruitment was meant only for candidates of TSP Area and there was 45% reservation for Scheduled Tribes and 5% for Scheduled Caste Candidates of Tribal Sub-Plan Area.

(ii) The petitioners secured qualifying marks in the written test and cleared the physical efficiency test. Thereafter, they were subjected to medical test by the Medical Board of Doctors in Government Hospitals, constituted by the respondents.

(iii) Petitioners were declared fit on all parameters and were offered appointments in Mewar Bheel Core vide order dated 26.12.2018.

(iv) In total 486 candidates were recruited, out of which 2 did not join. Vide order dated 27.12.2018, 484 candidates were sent for training at BSF Training Centre, Udhampur, Jammu & Kashmir. Petitioners reported at B.S.F. Training Centre on 29.12.2018. 3(b) SBCWPs Nos.13461/2019 and 18047/2019:

(i) The petitioners herein applied for the posts of constables advertised vide recruitment notification dated 25.05.2018 in 10th Battalion, R.A.C.

(ii) The petitioners secured qualifying marks in the written test and cleared the physical efficiency test. Thereafter, they were subjected to medical test by the Medical Board of Doctors in Government Hospitals.

(iii) The petitioners were declared fit on all parameters and were offered appointments vide order dated 27.09.2018 and they joined their services on 05.10.2018.

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4. It is not in dispute that the petitioners were appointed in Mewar Bheel Core or Rajasthan Armed Constablary and they were sent to the training camp at Udhampur. The petitioners commenced their training and continued for more than three months.

5. Suddenly, as a bolt from the blue, vide order dated 02.04.2019, the Dy. Commandant (Training), Udhampur sent all the petitioners back to their Unit/Battalion, citing that these candidates are suffering from diseases mentioned against their respective names and thus, unfit for training.

6. The respondents thereafter got petitioners' medical examination done by a Medical Board, consisting of Doctors of S.M.S. Hospital, Jaipur. The Medical Board so constituted reported that all the petitioners were unfit for having either colour blindness or low vision.

7. On receipt of the medical report aforesaid, the Commandant (respondent No.4) passed orders dated 26.08.2019/27.08.2019 and terminated petitioners' services with immediate effect.

8. The petitioners immediately approached this Court and by way of interim orders dated 04.09.2019 and 09.09.2019, their rights were protected effect and operation of the orders dated 26.08.2019 and 27.08.2019 was stayed.

9. An application under Article 226(3) of the Constitution of India has been filed by the respondents, inter alia, seeking vacation of the interim orders dated 04.09.2019 and 09.09.2019.

10. Keeping in mind that career, rather livelihood of 33 duly selected is at stake, this Court expressed that sword of damocles cannot be kept hanging over the heads of these hapless petitioners. Learned counsel for the parties agreed that these petitions be decided, rather than spending time and energy on hearing stay vacation applications.

11. Mr. Jangid, learned counsel for the petitioners, at the outset, informed that the petitioners had cleared all the stage