Rajasthan High Court - Jodhpur
Mahavir Singh vs State Of Rajasthan on 3 November, 2022
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14290/2022
Mahavir Singh S/o Shri Swaroop Singh, Aged About 24 Years, R/
o Achalwanchi Colony, Ward No. 1, Jaisalmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Education (Elementary), Secretariat,
Government Of Rajasthan, Jaipur, Rajasthan.
2. The Director, Elementary Education Rajasthan, Bikaner,
Rajasthan.
3. The Chief Executive Officer, Zila Parishad, Jaisalmer,
Rajasthan.
4. The Superintendent, Mathura Das Mathur Hospital
(Medical College Hospital), Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. D.S. Sodha.
For Respondent(s) : Mr. Mukesh Rajpurohit, Dy. S.G.
Mr. Pankaj Sharma, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 03/11/2022 This writ petition has been filed by the petitioner aggrieved against the rejection of his candidature as a physically disabled candidate for recruitment on the post of Teacher Grade III (Level I) pursuant to the advertisement dated 31.12.2021 by order dated 13.09.2022 (Annex.9).
It is inter-alia submitted that the petitioner is in possession of a disability certificate (Annex.1) showing Hearing Impairment at 24% and Low Vision at 20% and therefore, being eligible for (Downloaded on 03/11/2022 at 08:50:23 PM) (2 of 3) [CW-14290/2022] seeking reservation as specially disabled candidate, the petitioner applied for the post of Teacher Grade-III (Level-I).
The petitioner fell in merit and was consequently called for document verification. Whereafter, the petitioner was referred to Government Hospital, Jaisalmer for examination of his physical disability, wherein his Hearing Impairment was verified and Eye Impairment was referred. The petitioner claims to have got himself examination at the Mathura Das Mathur Hospital, Jodhpur, wherein vide Annex.8 the sight of the petitioner has been adjudged as 6/36, based on which, the petitioner claims to be qualified and get the benefit as physically disabled candidate.
Submissions were made by counsel for the State that the petitioner was subjected to examination by the Medical Board of the Mathura Das Mathur Hospital, Jodhpur, which found the visual disability of the petitioner at 10% only and, therefore, the candidature of the petitioner was rightly rejected.
Looking to the conflict of opinion, at the request of the petitioner, the petitioner was subjected to re-examination by Medical Board of AIIMS, Jodhpur and it was directed as under:-
"In the circumstances of the case, the petitioner shall deposit the demand draft in the sum of Rs.10,000/- with the Legal Services Authority of this Court in the name of Legal Services Authority, which draft shall be retained (not encashed) till the disposal of the petition. On deposit of the demand draft within a period of one week, the petitioner would be subjected to examination for the disability claimed i.e. 24% Hearing Impairment and 20% Low Vision by the Medical Board to be constituted by the competent authority at AIIMS, Jodhpur on 20.10.2022.(Downloaded on 03/11/2022 at 08:50:23 PM)
(3 of 3) [CW-14290/2022] The order in this regard would be communicated by learned counsel Mr. Mukesh Rajpurohit, Dy.S.G. to the authorities at AIIMS, Jodhpur and the report may also be handed over to him."
Today, learned Dy. S.G. pursuant to the order dated 11.10.2022 has produced the report of the AIIMS, Jodhpur, the same is taken on record, whose medical board has found as under:-
"His Permanent Physical Disability i.e. Visual Impairment (VI) is 20 % (Twenty percent only) (Disability Category I) in relation to Visual Impairment in Right Eye.
His Permanent Physical Disability i.e. Hearing Impairment (HI) is 03% (Three percent only) in relation to Hearing Impairment.
His total (Multiple Disability) Permanent Physical Disability i.e. Multiple Disability is 22.3% (Twenty two point three percent only) in relation to Visual Impairment and Hearing Impairment."
In view of the above fact situation, wherein, the Multiple Disability of the petitioner has been found at 22.3% only, the petitioner is not eligible for seeking appointment as physically disabled candidate.
Consequently, the petition has no substance, the same is, therefore, dismissed. The demand draft deposited by the petitioner with the Legal Services Authority of this Court may now be deposited by the Legal Services Authority in its bank account.
(ARUN BHANSALI),J 59-pradeep/-
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