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ARUN MONGA
Rajkumari Chahar D/o Shri Gyani Lal Chahar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Grievance of the petitioner herein, a speciallyabled lady, having more than 50% of locomotive disability, caused by a childhood Arthritis owing to which one of her legs is dysfunctional, arises out rejection of her candidature in the physically handicapped category for the post of Homeopathy Medical Officer to be filled as per advertisement dated 05.07.2023 (Annexure-1).
2. Succinct facts first, as pleaded in the petition.
2.1 The Respondents issued an advertisement dated 05.07.2023, bearing no. 03/2023, for the appointment of Homeopathy Medical Officers through a direct recruitment process. A total of 15 posts were reserved for physically handicapped (PH) persons. The petitioner participated in the aforementioned vacancy under the PH/Speciallyabled Category, submitting all requisite documents.
2.2. Subsequently, she was called for document verification, scheduled from 07.08.2023 to 16.08.2023. The Respondents had released a list, inviting candidates for document verification based on merit. The petitioner succeeded in securing a position on the merit list of successful candidates for the above-said post.
2.3. Petitioner was scheduled for document verification on 10.08.2023.
The registration certificate should be treated as a technical formality and not an additional qualification, and the advertisement should be amended to avoid unnecessary distress to meritorious candi....
The delay in obtaining a required certificate, beyond the petitioner's control, should not render the petitioner ineligible for appointment, especially when vacancies exist and there is a need for mo....
The main legal point established in the judgment is that substantial compliance with the requirements of the advertisement and qualification for the post should not be denied based on technicalities,....
Competitive examination - Successful completion of any competitive examination, which are having candidates of different categories based upon many factors like physically handicapped, vertical or ho....
The judgment reaffirms the principle that non-submission of requisite certificates in accordance with the advertisement's requirements is sufficient ground to reject a candidate's candidature.
The court held that a competent authority's disability assessment cannot be altered by another board, and reliance on incomplete medical reports for disqualification is arbitrary.
The statutory disability certificate issued under the Rights of Persons with Disabilities Act prevails over general medical assessments, ensuring the rights of individuals with disabilities in public....
The requirement for registration with the Rajasthan Nursing Council was deemed unnecessary prior to application submission; essential qualification assessed at verification suffices.
A disability certificate issued by the Competent Authority of the Government of Rajasthan, unless found forged or revoked by the competent authority as per law, remains lawful and valid and cannot be....
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