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2026 Supreme(Online)(Raj) 15139

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anand Sharma, J
SANJAY KUMAR SON OF SHRI PHOOL CHAND – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Civil Writ Petition No. 7451/2026



Advocates:
For the Appellants/Petitioners: Rajendra Prasad Yadav, Anisha Yadav
For the Respondents:

The court will not interfere with the findings of expert medical boards regarding the assessment of physical disability, as it cannot substitute its own view for that of medical experts.

Headnote:The matter pertains to the recruitment process for the RAS examination 2024 under the category of Specially Abled Persons. The petitioner's candidature was rejected after a Medical Board assessed the hearing disability at 4%, which is below the required benchmark of 40%. Despite a subsequent re-examination by an independent Medical Board at AIIMS, Jodhpur, the disability was assessed at 5.16%. The court found that two separate expert boards concluded the petitioner did not meet the benchmark disability. The primary issue is whether the court should interfere with the findings of two expert medical boards regarding the percentage of physical disability. The court reasoned that it "cannot sit over the report given by the experts of aforesaid two Medical Boards and cannot take a different view than taken by the Medical Board." the same is hereby, dismissed.

Table of Content
1. petitioner's candidature rejected due to disability assessment below the required benchmark. (Para 1 , 2 , 3 , 4)
2. consistency between two independent medical boards regarding disability percentage. (Para 5 , 6)
3. courts cannot override the findings of expert medical boards. (Para 7 , 8)

Order

1. Petitioner participated in RAS recruitment process examination 2024 initiated by Rajasthan Public Service Commissioner, Ajmer (for short 'RPSC) in the category of Specially Abled Person (hearing impairment).

2. It is stated by learned counsel for the petitioner that after participating in the recruitment examination, the petitioner secured sufficient marks so as to find his name at the appropriate place in the merit list; however, only on account of fact that the petitioner was subjected to medical examination through a Medical Board constituted by SMS Medical College, Rajasthan, where, his disability was assessed at 4% (four per cent), candidature of the petitioner was rejected.

3. Feeling aggrieved, the petitioner filed S.B. CWP No. 13640/2025, in which initially an interim order was passed directing for constitution of Independent Medical Board of the Medical Experts from AIIMS, Jodhpur for re-examination of the physical disability of the petitioner. Finally the writ petition No. 13640/2025 was decided by Co-ordinate Bench of this Court vide order dated 07.10.2025 directing the petitioner to submit a representation before the Competent Authority on the basis of report of Medical Board of AIIMS, who shall consider and decide the representation with a reasoned and a speaking order.

4. Learned counsel submits that the representation has wrongly been decided by the Secretary, RPSC vide order dated 23.03.2026 without considering that in the original certificate secured by the petitioner from the Competent Authority on 28.02.2019, disability of the petitioner was shown as 70%.

5. Heard learned counsel for the parties and perused the record.

6. This Court finds that in compliance of interim order passed in earlier S.B. CWP No. 13640/2025 filed by the petitioner, the petitioner appeared before the duly constituted Medical Board of AIIMS, Jodhpur and report of the Medical Board was also sent in which, hearing disability of the petitioner was assessed as 5.16% only. Thus, two altogether different Medical Boards; first constituted by the SMS, Medical College, Jaipur and another by AIIMS Hospital, Jodhpur have examined the physical disability of the petitioner and have found that petitioner is not suffering from bench mark disability of 40% or above.

7. This Court cannot sit over the report given by the experts of aforesaid two Medical Boards and cannot take a different view than taken by the Medical Board, hence, there is no scope of interference in the instant writ petition and the same is hereby, dismissed.

8. Pending application(s), if any, shall also stand disposed of.

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