HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14850/2025 Subhash S/o Pancham Singh, Aged About 42 Years, R/o-Nidhera Kalan, Dholpur, (Raj.)-328023 ----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Secretariat Jaipur (Raj.)

2. The State Of Rajasthan, Through Secretary, Department Of Personnel, Secretariat Jaipur (Raj.)

3. The State Of Rajasthan, Through Principal Secretary, Department Of Social Justice And Empowerment, Secretariat Jaipur (Raj.)

4. The State Of Rajasthan, Through Principal Secretary, Department Of (Elementary Education) And Secretary Cum Commissioner, Secretariat Jaipur (Raj.)

5. Director Of Primary Education, Bikaner (Raj.)

6. Panchyat Samiti, Rajakheda, Through Block Development Officer, Rajakheda, District Dholpur (Raj.)

7. Principal, Govt, Senior Secondary School, Basaiya Lalu, Dholpur (Raj.)

----Respondents For Petitioner(s) : Mr. Bhupendra Jain For Respondent(s) : Mr. Archit Bohra, AGC with Ms. Sweekriti Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

27/10/2025

1. Learned counsel for the petitioner is directed to supply a copy of this writ petition to Mr. Archit Bohra, AGC appearing for the respondents-State.

2. Office is directed to reflect name of learned counsel Mr.

Archit Bohra, AGC in the cause list.

3. This writ petition has been filed by the petitioner to challenge the re-assessment of Medical Certificate of the petitioner, who is already in service and also conduct a fresh Medical Examination of the petitioner and from this writ, the petitioner seeks the following relief from this Court:-

“(i) Direct the respondents to amend the contents of the alleged circular dated 28.08.2025 (Annexure-5). The proposed enquiry by the respondents may be conducted only with respect to the candidates selected after the issuance of this circular and not the enquiry of those selected prior to the issuance of this circular.

(ii) The alleged circular dated 28.08.2025 may at the best have prospective effect as per law.

(iii) Only the definition mentioned in the notification dated 01.01.1996 which was in force at the time of appointment of the petitioner be considered to be the standard of enquiry. While the subsequent notification dated 28.12.2016 be considered to be effective only to the appointments may after this 28^th December, 2016.”

4. It is submitted by learned counsel for the petitioner that the petitioner is already in service and State Government has issued an Administrative Circular, wherein the State Government desired to re-examine the disability certificate of the petitioner, produced by the petitioner at the time of selection. It is also submitted by learned counsel for the petitioner that the certificate submitted at the time of selection was furnished by following the statutory prescribed norms/rules under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)

Act, 1995 and the Persons with Disabilities Act, 2016 & Rules framed thereunder.

5. Learned counsel for the petitioner also relying upon the Order dated 17.09.2025 in S.B. Civil Writ Petition No.13222/2025 (Bhulesh Meena vs. State of Rajasthan & Ors.) passed by a Coordinate Bench of this Court and Order dated 13.10.2025 in S.B. Civil Writ Petition No. 19981/2025 (Abdul Salim & Ors. vs. State Rajasthan & Ors.), passed by a Coordinate Bench at Principal Seat, Jodhpur.

6. In the case of Abdul Salim & Ors. (supra), a coordinate Bench of this Court at Jodhpur has observed as under:-

“5. The grounds raised by the petitioners requires hearing of the writ petition. The minimum grievance of the petitioners is that if the respondents are allowed to continue with the re-examination of their disability based on the certificates, there is every likelihood of deprivation of their employment by way of disciplinary proceedings, therefore, their right of employment should be protected.

6. Considering the submissions advanced by learned counsel for the petitioners, this Court is