HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11193/2025 Uttam Das S/o Ghisu Das, Aged About 34 Years, R/o Denda, District Pali, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Director, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Deputy Director (Non-Gazetted), Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

----Respondents For Petitioner(s) : Mr. Vivek Firoda For Respondent(s) : Mr. Tanuj Jain for Mr. Mukesh Dave, AGC HON'BLE DR. JUSTICE NUPUR BHATI

Order

08/09/2025

1. Learned counsel for the petitioner submits that the petitioner had applied for the post of Nursing Officer under the category of specially-abled candidates and the petitioner is suffering from disability of Kyphoscoliosis. He submits that the respondents had issued a list dated 29.09.2023 (Annex.-10) of selected candidates who had applied against the category of specially-abled in which the petitioner’s name was also present and he was directed to remain present before the Kanwaitya Hospital, Jaipur for his medical assessment and in compliance of the said direction, the petitioner remained present on the said date which is also confirmed through the receipt placed on record, in which it has been specially indicated that the petitioner was present on 29.09.2023 before the Medical Board. He also submits that despite the fact that the petitioner was present before the Medical Board, the Medical Board did not assess the disability of the petitioner and the respondents issued a provisional merit list on 07.10.2023 (Annex.-11) and the petitioner’s name was put on hold on the ground that the disability was not examined. He also submits that the respondents by way of reply had pleaded that the petitioner’s disability was not examined by the Medical Board so constituted, however, the petitioner was directed to remain present before the SMS Medical College, Jaipur and the petitioner did not appear before the said hospital for assessment of his disability but the petitioner was never informed that he has to appear before the SMS Medical College, Jaipur. Learned counsel for the petitioner submits that till date, the respondents have not rejected the candidature of the petitioner and the posts are still lying vacant, thus in the said circumstances and interest of justice, this Court may direct the respondents to assess the disability of the petitioner.

2. Learned counsel for the respondents is not in a position to refute that the petitioner’s candidature has not been rejected till date and the posts are still lying vacant.

3. Taking into consideration the submissions of learned counsel for the parties, this Court deems it appropriate to direct the Director of All India Institute of Medical Sciences (AIIMS) to constitute a Medical Board in order to assess the disability of the petitioner while also taking into consideration the Note No.9 laid down in the advertisement dated 05.05.2023 (Annex.-7). Learned counsel for the respondents is directed to ensure the compliance of the order and place on record the disability assessed by the Medical Board in a sealed envelope by the next date. The petitioner is directed to remain present before the Medical Board on 19.09.2025.

4. Pleadings are complete, office to list the matter in the appropriate category.

5. In the meanwhile, one post of Nursing Officer in the category, in which the petitioner had applied, shall be reserved for the petitioner, if the posts are still lying vacant.

6. List after four weeks.

(DR.NUPUR BHATI),J SURABHII/8-