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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Ramprakash Kharlwa S/o Gopi Ram Kharlwa – Appellant
Versus
Director, Elementary Education – Respondent
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
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.
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