[2026:RJ-JD:6127]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1867/2026 Suman Kanwar D/o Shri Hari Singh, Aged About 26 Years, R/o Village Panchata, Tehsil Ahore, District Jalor, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

3. The District Education Officer (Headquarter), Elementary Education, Jalor, District Jalor, Rajasthan.

4. The Principal/PEEO, Government Senior Secondary School, Deegaon, District Jalor, Rajasthan.

5. The Director General Of Police, Special Operations, Rajasthan.

----Respondents For Petitioner(s) : Mr. Mohan Singh Sekhawat HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

03/02/2026

1. At the request of the learned counsel appearing for the petitioner, the matter has been taken up and heard for final disposal at the admission stage.

2. The challenge in the present writ petition is to the directions of the employer directing the petitioner to undergo a re-medical examination to determine and to re-verify the benchmark disability under which the petitioner was selected previously.

3. The facts of the present writ petition disclose that the petitioner underwent the recruitment/selection process based on the benchmark disability by submitting a certificate of disability issued by the competent Medical Board. The petitioner was selected and at the time of appointment also, he was subjected to a medical examination for ascertaining his disability. After being satisfied with the disability suffered by the petitioner, the petitioner was appointed to the post of Teacher Grade-III (Level- I). While the petitioner was working on the said post, the State Government took a policy decision to subject all such persons who obtained the reservation under the disability category to re-verify the benchmark disability of all such candidates by subjecting them to a fresh medical re-examination to be conducted by the Medical Board nominated by the employer.

4. The contention of the learned counsel appearing for the petitioner is that in the backdrop of a valid certificate of disability issued by the competent Medical Board and which was affirmed by a medical examination done by the employer before appointment was given to the petitioner, again the petitioner cannot be subjected to fresh Medical Board.

5. After having heard the learned counsel for the petitioner, this Court finds that this Court cannot prevent the employer from re- verifying the medical status of the employees to find out fraudulent availment of reservation under benchmark disability. However, before any action is taken on any adverse report of the fresh medical re-examination, no adverse order can be passed against the petitioner without giving him reasonable opportunity of hearing.

6. In the said backdrop, the instant writ petition is disposed of restraining the respondents from taking any action based on any adverse report on the basis of a re-medical examination without giving any reasonable opportunity of hearing to the petitioner to respond to any such adverse report.

7. All the pending applications, if any, shall stand disposed of.

(MUNNURI LAXMAN),J

225-BhumikaP/-