HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Jain, J.
Ramprakash Kharlwa S/o Gopi Ram Kharlwa - Petitioner
Versus
The Director, Elementary Education - Respondent
S.B. Civil Writ Petition No. 15370 of 2025, S.B. Civil Writ Petition No. 13602 of 2023, S.B. Civil Writ Petition No. 14850 of 2025, S.B. Civil Writ Petition No. 15043 of 2025, S.B. Civil Writ Petition No. 15151 of 2025, S.B. Civil Writ Petition No. 15385 of 2025, S.B. Civil Writ Petition No. 15387 of 2025, S.B. Civil Writ Petition No. 15392 of 2025, S.B. Civil Writ Petition No. 1544 of 2024, S.B. Civil Writ Petition No. 15804 of 2025, S.B. Civil Writ Petition No. 15832 of 2025, S.B. Civil Writ Petition No. 15947 of 2025, S.B. Civil Writ Petition No. 15950 of 2025, S.B. Civil Writ Petition No. 15952 of 2025, S.B. Civil Writ Petition No. 15954 of 2025, S.B. Civil Writ Petition No. 15956 of 2025, S.B. Civil Writ Petition No. 15958 of 2025, S.B. Civil Writ Petition No. 15959 of 2025, S.B. Civil Writ Petition No. 15967 of 2025, S.B. Civil Writ Petition No. 15971 of 2025, S.B. Civil Writ Petition No. 16024 of 2025, S.B. Civil Writ Petition No. 16061 of 2025, S.B. Civil Writ Petition No. 16142 of 2025, S.B. Civil Writ Petition No. 16145 of 2025, S.B. Civil Writ Petition No. 16148 of 2025, S.B. Civil Writ Petition No. 16202 of 2025, S.B. Civil Writ Petition No. 16242 of 2025, S.B. Civil Writ Petition No. 16243 of 2025, S.B. Civil Writ Petition No. 16247 of 2025, S.B. Civil Writ Petition No. 16380 of 2025, S.B. Civil Writ Petition No. 16531 of 2025, S.B. Civil Writ Petition No. 16545 of 2025, S.B. Civil Writ Petition No. 16546 of 2025, S.B. Civil Writ Petition No. 16659 of 2025, S.B. Civil Writ Petition No. 16688 of 2025, S.B. Civil Writ Petition No. 16689 of 2025, S.B. Civil Writ Petition No. 16696 of 2025, S.B. Civil Writ Petition No. 16706 of 2025, S.B. Civil Writ Petition No. 17019 of 2025, S.B. Civil Writ Petition No. 17216 of 2025, S.B. Civil Writ Petition No. 17293 of 2025, S.B. Civil Writ Petition No. 17294 of 2025, S.B. Civil Writ Petition No. 17303 of 2025, S.B. Civil Writ Petition No. 17611 of 2025, S.B. Civil Writ Petition No. 17700 of 2025, S.B. Civil Writ Petition No. 17749 of 2025, S.B. Civil Writ Petition No. 17750 of 2025, S.B. Civil Writ Petition No. 17876 of 2025, S.B. Civil Writ Petition No. 17918 of 2025, S.B. Civil Writ Petition No. 18779 of 2025, S.B. Civil Writ Petition No. 19013 of 2025, S.B. Civil Writ Petition No. 19015 of 2025, S.B. Civil Writ Petition No. 19024 of 2025, S.B. Civil Writ Petition No. 19364 of 2025, S.B. Civil Writ Petition No. 462 of 2024, S.B. Civil Writ Petition No. 4896 of 2025, S.B. Civil Writ Petition No. 681 of 2024, S.B. Civil Writ Petition No. 683 of 2024, S.B. Civil Writ Petition No. 685 of 2024, S.B. Civil Writ Petition No. 6868 of 2023, S.B. Civil Writ Petition No. 690 of 2024, S.B. Civil Writ Petition No. 737 of 2024
Decided On : 27-01-2026
ORDER :
1. As all these matters raises a common question of law, they are being decided by a common order. The controversy involved in these petitions pertains to the assessment and reassessment of benchmark disabilities of persons with disabilities, and their subsequent re-evaluation in light of the provisions of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the “RPwD Act, 2016”).
2. S.B. Civil Writ Petition No. 15370/2025 has been preferred with the following prayer:–
It is, therefore, humbly prayed that this Hon'ble Court be pleased to call for the entire record relating to the case of the petitioner and after perusing the same may be pleased to accept and allow this writ petition:-
1. By an appropriate writ, order or direction in the nature thereof thereby, the respondent be directed to allow the petitioner to continue serve duties on the post of Teacher Gr. III Level I in compliance of appointment order.
2. By an appropriate writ, order or direction in the nature thereof thereby, the Impugned Order dated 10.09.2025 by which the respondents again and again going to verification of disability of petitioner, may kindly be declared illegal and be quashed and set aside.
3. By an appropriate writ, order or direction in the nature thereof thereby, the respondents be directed to not to insist the petitioner to re-examine disability in the garb of impugned order dated 10.09.2025.
4. Any other order or direction which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.
S.B. Civil Writ Petition No. 6868/2023 has been preferred with the following prayer:–
In these circumstances, it is, therefore, prayed that this Hon'ble Court may be pleased to accept this writ petition and
i) the impugned order dated 31.03.2023 cancelling the selection of humble petitioner in Low Vision category on the post of Livestock Assistant in pursuance to advertisement dated 11.03.2022 may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside.
ii) by issuing the writ of mandamus, order or direction in the nature thereof respondents may kindly be directed to:
a) consider the candidature of humble petitioner in the Low Vision category for selection on the post of Livestock Assistant in pursuance to advertisement dated 11.03.2022;
b) give appointment to humble petitioner on the post of Livestock Assistant in Low Vision category with all consequential benefits.
Or in the alternative
(a) Send the case of humble petitioner to AIIMS, Jodhpur for re-medical examination by Disability Board constituting of Ophthalmic experts to find if the candidature of humble petitioner can be considered under LV category in pursuance to advertisement dated 11.03.2022; and
(b) accord appointment to humble petitioner with all consequential benefits on the post of Livestock Assistant in Animal Husbandry Department pursuant to advertisement dated 11.03.2022, if the candidature of humble petitioner can be considered under LV category in pursuance to advertisement dated 11.03.2022.
iii) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindiy also be passed in favour of the Petitioner.
S.B. Civil Writ Petition No. 13602/2023 has been preferred with the following prayer:–
It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:-
1. The impugned order dated 31.03.2023 (Annexure-10) qua the humble petitioner may kindly be quashed and set aside and respondents may be directed to appoint the humble petitioner on the post of Livestock Assistant in pursuant to the advertisement dated 11.03.2022 as also amended advertisement dated 27.05.2022 with all consequential benefits w.e.f. the date other person are given appointment in pursuant to the advertisement keeping in











Employers may conduct one-time re-verification of in-service employees' disability certificates via medical boards upon fraud suspicion to prevent misuse of benchmark disability benefits; fraudulentl....
Valid benchmark disability certificate with validity period entitles reservation under RPwD Act in direct recruitment, regardless of 'temporary' label; executive instructions cannot override statute ....
The assessment of disabilities under statutory guidelines by competent authorities must be prioritized over any subsequent assessments made by non-statutory boards for admission to medical courses.
The court established that valid certifications under the RPwD Act must be recognized for admission to medical courses, emphasizing the authority of designated certifying bodies over assessments by o....
The Act mandates that only individuals with permanent disabilities meet the benchmark for reservation in employment, excluding those with temporary disabilities from eligibility.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.