[2025:RJ-JP:51079]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19284/2025 Lokesh Rathor S/o Chaturbhuj Rathor, Aged About 30 Years, R/o Opposite Sbbj Bank, Main Road, Ward No. 3, Mangrol, District Baran, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Sanskrit Education, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Director, Sanskrit Education, Shiksha Sankul, Jaipur. 3. The Commissioner, Sanskrit Education, Rajasthan, Jaipur.

4. The Principal, Govt. Varishtha Upadhyay Sanskrit Education, Tel Factory, Baran.

----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : Ms. Deepa Singh for Mr. Manju Joshi, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

17/12/2025

1. Learned counsel for the petitioner is directed to supply a copy of this writ petition to Ms. Manju Joshi, AGC, appearing for the respondents-State.

2. Office is directed to reflect name of Ms. Manju Joshi, AGC as counsel for respondents.

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 to conduct a fresh Medical Examination of the petitioner and from this writ, the petitioner seeks the following relief from this Court:-

1. By an appropriate writ, order or direction in the nature thereof thereby, the impugned order dated

19.11.2025 passed by the respondent No. 3 may kindly be quashed and set aside.

2. By an appropriate writ, order or direction in the nature thereof thereby, directing the Respondents to reinstate the Petitioner forthwith to the post of Senior Teacher (Social Science) in the Sanskrit Education Department with all consequential benefits, including continuity of service and full back wages.

3. By an appropriate writ order or direction in the nature thereof thereby, the Petitioner may be allowed to appear before the AIMS Jodhpur so his disability may be estimated and further consider the Disability Certificates by which the petitioner is having 45%

disability.

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 procured 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 inclined to protect the interest of the petitioners. However, the respondents authority is allowed to undergo with their exercise.

7. No coercive action shall be taken against the petitioners on any of the findings given after re-examination without leave of this C