Order

It is submitted by learned counsel for the petitioner that after undergoing the due process of recruitment and appointment, vide order dated 05.10.2023, the petitioner was appointed on the post of Teacher Grade-II Level-I and he joined at Government Senior Secondary School, Jaleli, Ahincha, Bilara, District Jodhpur.

Learned counsel submits that after around 3 years from the date of appointment, the petitioner was directed to undergo re- examination of physical disability suffered by the petitioner and without properly following parameters and norms, a finding has been given that the petitioner does not possess benchmark disability as per the Rules. Learned counsel submits that on the basis of such re-examination, which has been conducted in quite irregular manner, notice has been given to the petitioner and the petitioner apprehends that the respondents may terminate services of the petitioner.

Learned counsel submits that the petitioner is ready to undergo re-examination of his physical disability by an independent Medical Board and would also abide by the decision given by such independent Medical Board.

The matter requires consideration.

Issue notices to the respondents.

The petitioner shall submit an application within a period of 7 days from today before the concerned District Education Officer for getting himself re-examined for the purpose of assessing nature and extent of physical disability suffered by the petitioner and on receiving such application, the concerned District Education Officer shall request Superintendent of AIIMS, Jodhpur for constituting medical board of at least three expert doctors, who shall examine the petitioner within a period of 15 days thereafter. The petitioner shall be given advance notice of at least 7 days pointing out the place, date and time of such physical examination. Report of physical examination shall be prepared in duplicate. One copy shall be given to the petitioner and another copy shall be furnished to the concerned District Education Officer. On the next date, petitioner shall submit copy of medical examination report before this Court for further directions.

Respondents shall not take any coercive action against the petitioner without further directions of this Court.

It is made clear that in case, the petitioner does not appear before the Medical Board as per the aforesaid directions, the interim protection granted by this Court shall stand automatically vacated.

List the matter on 18.05.2026.