A candidate's eligibility for the Specially Abled category is determined by the benchmark disability percentage; if an independent medical board confirms the disability meets or exceeds the required threshold, the candidate is entitled to the corresponding reservation and appointment.

Order

1. The present writ petition has been filed by the petitioner with following prayer:

"It is, therefore humbly prayed that Your Lordhship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:-

1. The impugned order dated 26.11.2025 (Annexure-9) and omission and action on the part of the respondents in rendering the humble petitioner ineligible for the post of Upper primary Teacher in pursuant to the advertisement dated 16.12.2022 (Annexure-1) may kindly be quashed and set-aside and accordingly the respondents may be directed to consider the humble petitioner as eligible candidate for the post of Upper primary Teacher under disabled category and accordingly grant him selection and appointment with all consequential benefits in pursuant to the advertisement dated 16.12.2022.

2. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner. "

2. It is stated that the petitioner participated pursuant to advertisement dated 16.12.2022 for the recruitment on the post of Upper Primary School Teacher (Science/Maths) Level 2 in the category of Specially Abled Person, on the basis of disability certificate dated 17.07.2023 issued by CMHO, Alwar confirming that the petitioner was having bench mark disability of 40%.

3. Learned counsel submitted that after participation in the recruitment process, the petitioner found her name in the select list as she secured more marks than the cut off marks declared for specially abled category. Thereafter, vide order dated 14.08.2025 even the proposed district Alwar was allotted for posting of the petitioner. In the meanwhile, petitioner was subjected to medical examination, where the Medical Board on 26.11.2025 reported that the petitioner's disability was less than 40%. Hence, the petitioner was not considered for appointment on the post of Upper Primary School Teacher (Science/Maths) Level 2.

4. When the petitioner approached this Court, vide interim order dated 09.03.2026 (further corrected on 28.03.2026, the petitioner was directed to appear before the Superintendent of AIIMS, Jodhpur for re-examination of her physical disability. The Medical Board was directed to examine the nature and extent of physical disability suffered by the petitioner and to send report of medical examination.

5. Today, when the matter was called for hearing, learned counsel appearing for the respondents placed before this Court medical examination report dated 17.04.2026 sent by Medical Board constituted at AIIMS, Jodhpur, which has been taken on record.

6. As per the medical examination report dated 17.04.2026, the petitioner suffers disability of low vision in her both eyes, which has been assessed at 60%.

7. It is not disputed that person suffering from 60% disability is entitled for seeking reservation in the category of Specially Abled Person. Accordingly, after medical report submitted by an independent agency, there remains no doubt with regard to bench mark disability suffered by the petitioner; hence, this Court observes that the petitioner is entitled for seeking reservation in the category of Specially Abled Person.

8. Accordingly, the writ petition filed by the petitioner is allowed. In case, the petitioner is otherwise eligible and has secured more marks than the cut off marks declared by the respondents for Specially Abled Person, then pursuant to order dated 14.08.2025 (Annexure-8), necessary appointment and joining letter shall be