[2026:RJ-JD:7478]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19571/2025 Radha Sirvi (Application Id-No168660) D/o Shri Duda Ram, Aged About 28 Years, (Physically Handicapped Candidate-Ld), Resident Of Village Bala, Rathore Ka Bass, Tehsil Bilara, District Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Services, Government- Secretariat, Jaipur.

2. Director (Non-Gazetted), Medical Health And Family Welfare Department, Swasthya Bhawan, Rajasthan, Jaipur.

3. The Director, State Institute Of Health And Family Welfare Department, Swasthya Bhawan, Rajasthan, Jaipur.

4. The Principal And Controller, Dr. Sn Medical College, Jodhpur (Raj.).

5. The Superintendent, Mdm Hospital Associated Hospital To Dr. Sn Medical College, Jodhpur (Raj.).

6. The Chief Medical And Health Officer, Jodhpur.

----Respondents For Petitioner(s) : Mr. Y.P. Khileree.

For Respondent(s) : Mr. Mukesh Dave.

Mr. Tanuj Jain.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

10/02/2026

1. The present writ petition has been filed with the following prayers:-

“It is, therefore, respectfully prayed that Your Lordship may be pleased to allow this writ petition and by an appropriate writ, order or directions a. The record of the case may kindly be called for;

b. the petitioner may kindly be declared eligible and entitled for appointment on the post of 'Nursing Officer' under locomotor disability PH category to pursuant 05.05.2023 Annex.6 as per the disability certificates Annex.5 issued under the provisions of Rajasthan Rights of Persons with Disabilities Rules, 2018;

advertisement dated c. the impugned final merit/select list dated 06.12.2024 Annex.12 issued pursuant to advertisement dated 05.05.2023 Annex.6 may kindly be declared illegal and arbitrary and same be quashed Or in alternate, the respondents may be directed to include the name petitioner in the final merit lists as per her merit position (i.e. total 58.630% marks) under OBC-NCL-PH category forthwith with all consequential benefits; of d. the respondents may be directed to accord appointment to the petitioner as Nursing Officer as per her merit in the OBC-NCL-PH category pursuant to Advertisement dated 05.05.2023 Annex.6 with all consequential benefits w.e.f. the date on which lesser meritorious person is granted appointment;

e. the rejection of representation of petitioner vide impugned minutes of meeting held on 15.11.2024 Annex.13 may kindly be declared illegal and arbitrary and same be quashed and set aside with all consequential relief;

f. any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed; and g. the petitioner may kindly be allowed the cost of writ petition.”

2. Brief facts of the case, as stated in the writ petition, are that the petitioner is a person with disability suffering from 40% locomotor disability, duly certified by a competent Medical Board under Section 2(t) of the Persons with Disabilities Act, 1995 and the Rights of Persons with Disabilities Act, 2016. The valid disability certificates are annexed as Annex.5. The respondent– Director, State Institute of Health & Family Welfare (SIHFW), Jaipur issued an advertisement dated 05.05.2023 (Annex.6) for direct recruitment to the post of Nursing Officer, advertising 6981 posts for Non-TSP areas. The petitioner submitted her online application under the OBC-NCL-PH category within the prescribed time and secured 58.630% marks as per the selection criteria. Pursuant to the advertisement, the respondent declared the result and called eligible candidates, including the petitioner, for document verification and medical examination. The petitioner’s name appeared at Serial No. 375 in the PH category list (Annex.8). The petitioner’s documents were verified on 08.09.2023 and found correct. She was also medically examined at Jaipuriya Hospital, Jaipur, where she was found to have 40% locomotor disability in the