[2026:RJ-JD:7722]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19172/2025 Vibha Bhagora D/o Goutam Lal Bhagora, Aged About 30 Years, R/o Village Jheejwa, Post Baroth I, Tehsil Bicchiwara, District Dungarpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical Health And Family Welfare Department, Jaipur, Rajasthan.

2. Director, Medical Health And Family Welfare Department, Jaipur, Rajasthan.

3. Director, Non Gazetted Medical And Health Services, Rajasthan Jaipur, Rajasthan.

----Respondents For Petitioner(s) : Mr. Mrinal Khatri For Respondent(s) : Mr. Tanuj Jain HON'BLE DR. JUSTICE NUPUR BHATI

Order

11/02/2026

1. The present writ petition has been filed under Article 226 of the Constitution of India claiming following relief(s):

“xxxxxxxx I. The present writ petition may kindly be allowed.

II. The rejection of candidature of petitioner, if any, may kindly be summoned from the respondents and same may kindly be declared illegal and arbitrary and same be quashed and set aside with all consequential relief;

III. That the Impugned order dated 14.08.2025 (Annex.9)

may kindly be quashed and set-aside;

IV. the impugned provisional preference list dated

07.10.2023 (Annex.6) may kindly be quashed and set aside;

V. The respondent may be directed to conduct correction of the category designation of the petitioner, a reevaluation of her eligibility, and inclusion in the provisional preference list based on her merits.

VI. The respondents may further be directed to re-examine the disability status of the petitioner accurately as well as an investigation into the irregularities in the selection process;

VII. The respondents may be directed to accord appointment to the petitioner as Nursing Officer as per her merit in the concerned category pursuant to Advertisement dated 05.05.2023 (Annex.1 with all consequential benefits w.e.f. the date on which lesser meritorious person is granted appointment;

VIII. the petitioner may kindly be declared eligible and entitled for appointment on the post of 'Nursing Officer' under locomotors disability PH category pursuant to advertisement dated 05.05.2023 (Annex.1) as per the disability certificate Annex.3 issued under the provisions of Rajasthan Rights of Persons with Disabilities Rules, 2018;

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2. Brief facts of the case are that the respondent-department issued an advertisement dated 05.05.2023 inviting applications for the post of Nursing Officer (Non-TSP). The petitioner, possessing a locomotor disability certificate indicating 45% permanent disability in her right leg (issued by the Department of Medical and Health, Government of Rajasthan, on 24.12.2019), submitted her online application under the ST-OL (One Leg affected) category.

3. Vide communication dated 29.08.2023, the department directed candidates to appear for document verification on 02.09.2023. The petitioner attended the same on 05.07.2023 and presented her original documents, including the disability certificate, which were verified by the authorities. A medical board also conducted a physical assessment of her disability as per the procedure for specially abled candidates.

4. The department thereafter published a provisional merit list, wherein the petitioner's name appeared at Sr.No.546 with 43.400 marks, and her category was indicated as ST/--. The subsequent provisional preference list dated 07.10.2023 listed candidates provisionally selected for appointment, but omitted the petitioner's name. The petitioner submitted a representation to the Director, Medical, Health and Family Welfare Department, Jaipur, raising her grievance regarding the rejection of her candidature without the medical board's report. This led to the filing of the writ petition before this Court and vide order dated 21.11.2023, petitioner was granted relief.

5. Upon the department's non-compliance of the order dated 21.11.2023, the petitioner instituted S.B. Civil Misc. Contempt Petition No.788/2025. In reply the