[2025:RJ-JP:47282]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17901/2025 Manisha D/o Tara Chand, Aged About 31 Years, R/o Vpo Kolari, Tehsil Saipau, District Beawar, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Personnel, Govt. Of Rajasthan, Secretariat, Rajasthan, Jaipur.

3. The Director, Elementary Education, Rajasthan, Bikaner.

4. The District Education Officer (Headquarter), Elementary Education, Beawar.

5. The Chief Executive Officer, Zila Parishad, Beawar.

----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : Mr. Prakhar Jain for Mr. Archit Bohra, AGC Mr. S.S. Naruka, AAG Mr. Saurabh Sharma for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

21/11/2025

1. Learned counsel for the petitioner is directed to supply a copy of this writ petition to Mr. Surendra Singh Naruka, AAG, Mr. Archit Bohra, AGC and Mr. Kapil Prakash Mathur, AAG appearing for the respondents

2. Office is directed to reflect the names of learned counsel Mr.

Surendra Singh Naruka, AAG, Mr. Archit Bohra, AGC and Mr.

Kapil Prakash Mathur, AAG 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 conduct a fresh Medical Examination of the petitioner and from this writ, the petitioner seeks the following relief from this Court:-

i) By an appropriate writ, order or direction in the nature thereof thereby, the respondent be directed to allow the petitioner to continue serve duties on the post of Teacher Gr.III Level I in compliance of appointment order.

ii) By an appropriate writ, order or direction in the nature thereof thereby, the Impugned Circular dated 28.08.2025 by which the respondents again and again going to verification of disability may kindly be declared illegal and be quashed and set aside to the extent of petitioner.

iii) By an appropriate writ, order or direction in the nature thereof thereby, the respondents be directed to not to insist the petitioner to re- examine disability in the garb of Impugned Circular dated 28.08.2025.

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 furnished 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 petitione