HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUNNURI LAXMAN
MUKESH KUMAR MEENA (APPLICATION ID- 202439498342) – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 19573 / 2025
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[2026:RJ-JD:5302]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19573/2025
Mukesh Kumar Meena (Application Id- 202439498342) S/o
Ramavatar Meena, Aged About 33 Years, (Physically
Handicapped Candidate- Ld), Resident Of Near Talchhi Ki Puliya,
Ward No. 17, Sangod, Tehsil Sangod, District Kota (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Ayurved And
Indian Medicine Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Ayurved Department, Ashok Marg, Lohagal
Road, Savitri College Circle, Ajmer.
3. Additional Director (Admn.), Ayurved Department, Ashok
Marg, Lohagal Road, Savitri College Circle, Ajmer.
4. The Registrar, Dr. Sarvepali Radhakrishnan Rajasthan
Ayurved University, Karwar, Nagaur Road, Jodhpur (Raj.).
5. All India Institute Of Medical Sciences, Jodhpur, Through
Its Director, Basni, Phase-Ii, Jodhpur.
6. The Superintendent, Mdm Hospital, Associated Hospital To
Dr. Sn Medical College, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Yash Pal Khileree
For Respondent(s) : Mr. Deepak Bora
Mr. Ankit Bhaskar for
Mr. Shyam Paliwal
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
29/01/2026
The present writ petition has been filed challenging the
cancellation of the selection of the petitioner by the impugned
order dated 08.09.2025 qua the petitioner. The case of the
petitioner is that the petitioner belongs to the ST category and is
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suffering from a benchmark disability, and he has also claimed
reservation in the benchmark disability category. In pursuance of
the advertisement dated 10.12.2024, the petitioner underwent the
selection process and was finally selected. Before
appointment/posting orders were given, various selected
candidates were subjected to re-medical examination to verify the
authenticity of the disability certificate produced by the candidate.
On re-examination by the Medical Board constituted by the
Appointing Authority, the petitioner was found to be suffering from
disability in both legs of the lower limbs. The advertisement
requires that a person with disability of only one leg is eligible
under the reservation of disability category. Since the petitioner
was alleged to have disability in both legs, the candidature of the
petitioner was cancelled as an ineligible candidate. Challenging the
same, the present writ petition has been filed.
During the pendency of the writ petition, this Court granted
an interim stay directing not to fill up the vacancy in the category
of disability and further directed the petitioner to undergo an
independent medical examination before the Medical Board
constituted by AIIMS. In pursuance of the directions issued by this
Court, the Medical Board constituted by AIIMS examined the
petitioner and found that the petitioner was suffering from
disability of 70 per cent in the left lower limb. This Court further
directed verification as to whether the petitioner was having any
disability in the right leg lower limb. The report received by this
Court shows that the petitioner does not have any disability in the
right lower limb; the only disability the petitioner is having is in
the left lower limb. This report prima facie suggests that the re-
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examination done by the Medical Board constituted by the
Appointing Authority was incorrect. The authenticity of the
disability certificate submitted by the petitioner is found to be in
compliance with the criteria of the advertisement as well as the
eligibility to claim reservation under the disability category.
Therefore, the impugned order dated 08.09.2025 is liable to be
quashed and set aside in the light of the fresh medical report
submitted to this Court by the independent Medical Board.
In the result, the present writ petition is allowed and the
impugned order date
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