[2025:RJ-JD:53637]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 10056/2024

Bharat Kumar S/o Shri Rupa Ram, Aged About 32 Years, (Physically Handicapped Candidate-LD), Resident of Village Vada, Post Bharja, Tehsil Pindwara, District Sirohi (Raj.). Presently Posted at Govt. Ayurved Hospital, Achpura, Tehsil Pindwara,

District Sirohi.

----Petitioner

Versus

1. State of Rajasthan, through its Principal Secretary,

Ayurved and Indian Medicine Department, Government of

Rajasthan, Secretariat, Jaipur.

2. Director, Ayurved Department, Ashok Marg, Lohagal

Road, Savitri College Circle, Ajmer.

3. Deputy Director, Ayurved Department, Sirohi.

4. The Ayurved Medical Officer, Govt. Ayurved Hospital,

Achpura, Tehsil Pindwara, District Sirohi.

5. All India Institute of Medical Sciences, Jodhpur, Basni,

Phase-II, Jodhpur, through its Director.

----Respondents

For Petitioner(s) : Mr. Yashpal Khileree, Adv.

For Respondent(s) : Mr. Tananjay Parmar on behalf of

Mr. Deepak Bora, G.C.

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

Order Reserved on : 27/11/2025 Order Pronounced on : 16/12/2025

1) This writ petition challenges the order dated 31.05.2024 passed by the second respondent and the consequential letter dated 03.06.2024 whereby the order of termination was

communicated by the third respondent to the petitioner. The petitioner seeks quashment of both those orders.

2) The case of the petitioner is that Dr. Sarvepalli Radhakrishnan Ayurved University, Jodhpur issued an advertisement dated 16.06.2021 for direct recruitment to the post of Compounder/Nurse Junior Grade for the non-TSP area to fill 507 vacancies, and 4% of the vacancies for direct recruitment to the said post were reserved for persons with benchmark disabilities in terms of Section 34 of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as “the Act of 2016”). The petitioner applied for the post, claiming reservation under the 4% quota meant for specially-abled persons. He submitted a disability certificate dated 25.01.2018 stating that he has 42% locomotor benchmark disability. The selection process involved a qualifying examination, and the marks obtained therein were to be added to bonus marks based on the length of experience in similar work. The petitioner secured 42.1173% of the total marks, and his name appeared in both the provisional and final select lists. The second respondent thereafter issued an appointment order dated 24.05.2022, appointing the petitioner under the disability category. Upon verification of documents, the third respondent directed the petitioner to join at Government Ayurvedic Hospital, Achpura, District Sirohi, by order dated 25.05.2022. The petitioner joined the post on 26.05.2022.

3) The third respondent, by letter dated 05.07.2023, directed the petitioner to appear before the Medical Board of SMS Hospital, Jaipur for verification of his disability. The petitioner appeared before the Medical Board on 12.07.2023, but the report of the examination was not provided to him. Thereafter, the second respondent issued a notice dated 08.12.2023 informing him of the findings of SMS Hospital, Jaipur, wherein the petitioner’s disability was assessed at 30%, whereas a minimum of 40% was required to qualify as benchmark disability. The petitioner submitted an explanation to the notice dated 08.12.2023 and also requested a fresh medical examination by an independent Medical Board. By the date of the impugned order, he had also completed his probation. However, by the impugned order dated 31.05.2024, the petitioner’s services were terminated, which was communicated to him through a letter dated 03.06.2024. Challenging the same, the present writ petition has been filed.

4) The case of the respondents is that the appointment and joining of the petitioner were allowed subject to verification of his disability. The petitioner appeared before the Medical Board of SMS Hospital, Jaipur, which assessed his disability at 30%, whereas a minimum perman