ORDER :

1. This writ petition has been filed by the petitioner questioning order dated 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 dated 28.06.2023 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 dated 23.08.2025, 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.

4. I have heard learned counsel for the parties and perused the record.

5. The petitioner has placed on record unique disability ID issued by the Competent Authority showing her disability to be 46% as well as the document whereby, the Medical Board constituted by RPSC during the course of recruitment, has also certified that the petitioner suffers from 48% the physically disability. In normal circumstances, such certificate issued by the Medical Board constituted by RPSC ought to be honoured by the respondent-DOP, however, it appears that in past so many years, the certificates possessed by the candidates, who claimed appointment under specially abled person were found to be not genuine or were having discrepancies qua percentage of disability, therefore, a policy decision has been taken by the respondent- Government for re-examining the disability of the aspirant, who is claiming appointment under the above reserved category. Such policy decision of the State Government has already been examined by Co-ordinate Bench of this Court in a batch of writ petitions led by S.B. Civil Writ Petition No. 15370/2025 (Ramprakash Kharlwa vs. The Director, Elementary Education & Others) and vide judgment dated 27.01.2026, following observations and directions have been issued:

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