Rajasthan High Court - Jaipur
Seema Bai W/O Dinesh Kumar D/O Gulab ... vs State Of Rajasthan (2023/Rjjp/002452) on 10 February, 2023
Author: Sudesh Bansal
Bench: Sudesh Bansal
[2023/RJJP/002452]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8557/2022
1. Seema Bai W/o Dinesh Kumar D/o Gulab Chand, Aged About
24 Years, R/o Village Bhumriya Tehsil Manohar Thana District
Jhalawar Rajasthan
2. Shyamlal Meghwal S/o Shri Bajrang Lal Meghwal, Aged About
45 Years, R/o Village Gordhanpura Tehsil Atru District Baran
Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Department
Of Education, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
2. Director Elementary Education, Rajasthan Bikaner.
3. District Education Officer (Elementary), Barmer
4. Chief Executive Officer, Zila Parishad Barmer
----Respondents
For Petitioner(s) : Mr. Mahendra Sharma
For Respondent(s) : Mr. C.L. Saini
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
10/02/2023
1. The writ petition under Article 226 of the Constitution of India has been filed by petitioners seeking direction to appoint petitioners on the post of Teacher Level-I, General/Special Education in special qualified category since they suffer 40% disability in both eyes.
2. From perusal of record, it appears that petitioners instituted the instant writ petition feeling aggrieved by not considering disability certificates of petitioners within the prescribed criteria of 40% and non-consideration of their candidature in disabled category. In order to sort out the issue and to test the actual disability of petitioners, this court vide order dated 30.6.2022 directed respondents to constitute Medical Board by the (Downloaded on 14/02/2023 at 10:53:12 PM) [2023/RJJP/002452] (2 of 2) [CW-8557/2022] Superintendent, SMS Hospital Jaipur for the purpose of examining the disability of petitioners. Pursuant thereto the petitioners were examined by the Medical Board. Vide reports dated 27.7.2022, it was found that petitioner No.1-Seema was suffering from BE Normal (Refractive Error Simple Myopia), which was not any disability and ZERO percent disability and petitioner No.2-Shyam Lal Meghwal was suffering from LE No Perception of Light with non recordable VER, which comes under 30% disability.
3. As per the report of Medical Board, petitioners undisputedly do not fall within the criteria of disabled persons and as such are not entitled to claim appointment in that category.
4. Counsel for petitioners is not in a position to dispute the report the Medical Board and factual aspect.
5. As a consequence, no case is made out in favour of petitioners to consider their case in the category of physically handicapped quota and to seek appointment on the post of Teacher Level I, General/Special Education. As a result, the writ petition is devoid of merits and the same hereby is dismissed.
6. Stay application and other pending application(s), if any, also stand disposed of (SUDESH BANSAL),J NITIN/74 (Downloaded on 14/02/2023 at 10:53:12 PM) Powered by TCPDF (www.tcpdf.org)