HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15784/2025 Vishnu Yadav S/o Shri Ramsahay Yadav ----Petitioner Versus The State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Raghu Nandan Sharma For Respondent(s) : Mr. Mirza Faisal Baig HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

30/10/2025

1. Mr. Mirza Faisal Baig puts in appearance on behalf of respondent Nos. 2 and 3 and he needs time to file reply. Office is directed to reflect his name in the cause list.

2. Learned counsel for the petitioner submits that first S.B. Civil Writ Petition No.10611/2025 is filed by him which was dismissed as withdrawn on 08.09.2025 and subsequent to that current writ petition is filed. He submits that after procuring a certificate issued by a competent authority authorized under the rights of persons with disabilities (RPWD) act, 2016, the petitioner has filed an application for recruitment, claiming benchmark disability of more than 40% but the respondents have directed re-examination of medical condition of present petitioner and in pursuant to same, the petitioner has appeared before the medical board of sms, hospital on 01.03.2025 and by certificate which is Annexure-11, the benchmark disability was assessed as around 30%, which is contrary to the medical certificate procured by the petitioner. He submits that the petitioner has demanded a re-examination from a competent authority but his representation was not considered by the respondent No.3.

3. Learned counsel for the petitioner submits that the petitioner be provisionally be permitted for assessment of his disability by aiims, jodhpur, before considering the matter on merits by this hon’ble court, and the court will have another medical report conducted by an independent expert as petitioner is having a right under the rights of persons with disabilities (RPWD) act, 2016, to file appeal.

4. Aforesaid contention was opposed by learned counsel for the respondent Nos.2 and 3 and submits that the recruitment process for Rajasthan Administrative and Subordinate Services is over and final result has been declared, and this writ petition has rendered infructuous.

5. Having considered submissions of learned counsel for the parties and considering the fact that this writ petition is filed on 08.10.2025, it is appropriate to allow the petitioner to undergo a medical examination by AIIMS, Jodhpur.

6. Having considered the submissions of learned counsel for parties and on perusal of material placed on record, without going into the veracity of the claim made by present petitioner and in order to balance the equity, and in the interest of justice, this Court deems it appropriate to direct All India Institute of Medical Sciences (AIIMS), Jodhpur to examine impairment/physical disability of petitioner from a competent Medical Board.

7. In view of aforesaid, the petitioner is directed to appear before the Director of All India Institute of Medical Sciences (AIIMS), Jodhpur on 12.11.2025 for medical examination by Board to assess impairment/physical disability. A report be prepared and same be sent directly to this Court.

8. This will not create any right in favour of the petitioner and the matter considered otherwise on merits and respondents are at liberty to contest all grounds.

9. List on 24.11.2025.

(ASHOK KUMAR JAIN),J MR/48