In bunch of the matters, learned counsel for the petitioners while vs State of Rajasthan and Ors., registered as S.B. Civil Writ Petition

Judgment

1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur.

2. The Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

3. State Insititute Of Health And Family Welfare, Through Its Director, Jhalana Doongri, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 674/2025 Rakesh Kumar Rundla S/o Man Mohan, Aged About 24 Years, R/o Bhoordoon Ka Bas, Dantaramgarh, Sikar, Rajasthan. Versus ----Petitioner

1. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Jaipur.

3. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. ----Respondents S.B. Civil Writ Petition No. 812/2025 Rizwan Chishty S/o Abdul Gaffar Chishty, Aged About 37 Years, R/o Mataji Road, Bad Choraya, Indergarh, District Bundi, Rajasthan. Versus ----Petitioner

1. The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur. [2025:RJ-JP:15560] (2 of 5) [CW-1315/2025]

2. The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

3. The Director (Non- Gazette), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. S.B. Civil Writ Petition No. 843/2025 Mahaveer Singh S/o Ameeri Singh, Aged About 32 Years, R/o Vpo Marena, Tehsil Rajakhera, District Dholpur, Rajasthan. ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Jaipur.

3. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. ----Respondents For Petitioner(s)

: Mr. Tanveer Ahamad Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : Mr. Archit Bohra, AGC with Mr. Prakhar Jain Ms. Anjali Sharma Mr. Rahul Verma HON'BLE MR. JUSTICE SAMEER JAIN Judgment 07/04/2025

1. In bunch of the matters, learned counsel for the petitioners while placing reliance upon the order dated 27.02.2025 passed in Radha vs. State of Rajasthan and Ors., registered as S.B. Civil Writ Petition No.8922/2024, wherein, categorical directions were given to the Principal, SMS Hospital, Jaipur to consider the case of the petitioners [2025:RJ-JP:15560] (3 of 5) [CW-1315/2025] therein and constitute a Medical Board, have submitted that the representations filed by the petitioners stating disability/benchmark disability, is ought to be considered by the freshly constituted Medical Board at SMS Hospital, Jaipur.

2. Learned counsel for the respondents has objected to constitution of Medical Board on the ground that when opportunity was given to the petitioners to participate in the said ongoing selection process, neither they have participated nor have marked appearance.

4. Heard and considered. Considering the submissions made by the learned counsel for the parties, this Court deems it apposite to pass the following directions:-

4.1 That the argument and objection leveled by the counsel representing the respondents is not sustainable for the reason that substantially petitioners are physically disabled candidates and similarly situated persons are directed to be considered by newly constituted Board nevertheless, as such no prejudice will be caused, if present set of physically disabled/benchmark disabled or similarly situated persons are also considered by Medical Board, on the stipulated date.

4.2 That Principal, SMS Hospital, Jaipur shall consider the case of the petitioners and constitute a fresh Medical Board to carry out the physical/medical test of the petitioners.

4.3 That the said Medical Board be constituted within a period of 10 days from the date of receipt of this order.

4.4 That after appropriate analysis a report shall be furnished by the Board, in a fair, transparent and speaking manner, strictly in accordance with law.

4.5 That re-examination result/report shall be final and binding upon the respective sides. [2025:RJ-JP:15560] (4 of 5) [CW-1315/2025]

4.6 The Medical Board constituted shall carry out the physical test/analysis on 30th of April, 2025 at 11.00 AM at SMS Hospital, Jaipur qua which appropriate communication/intimation be sent to the petitioners along with the copy of this order.

4.7 That the petitioners are directed to report on the specified date(s), time or allotted slot at SMS Hospital, Jaipur. It is made clear that the present shall be the last opportunity for the petitioners, hence the same be revoked and used with utmost cautiousness.

5. Respective sides are directed to comply with the above stated directions, pronto.

6. Relying upon Radha (supra), this Court deems it apposite to dispose of the present petitions. Relevant portion of the same is reiterated as below:- A bunch of matters is listed for hearing today. “1. 2. Learned counsel for the petitioners while placing reliance upon the order passed by Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.1760/2020 titled as Sunita Kumari Vs. The State of Rajasthan & Anr, qua which an appeal was also preferred before the Division Bench at Principal seat, Jodhpur in D.B. Special Appeal Writ No.572/2023, has submitted that the instant matter is squarely covered by the dictum encapsulated in Sunita Kumari (supra), therefore, instant matter can be decided in light of the same. 3. Learned Advocate General has drawn attention of this Court on 'para 19' of the D.B. Special Appeal Writ No.572/2023(supra) and has submitted that as per the Rule 13 of the Rules of 1965 (hereinafter 'referred as Rules of 1965'), the employer has a right to adjudge suitability of a candidate for appointment to the posts, in conformity with the rules governing the service conditions. 4. Furthermore, it is submitted that the second issue pertains to the issuance of Physical Handicapped Certificate with respect to the test conducted by the Medical Board, however, same is sub-judice for adjudication before the Hon'ble Supreme Court (SLPNo.2816/2025). 5. Further, it is apprised to this Court that D.B. Special Appeal Writ No.282/2021 titled as Smt. Prem Kumari vs. State of Rajasthan and Ors., is also subjudice before the Division Bench of this Court. [2025:RJ-JP:15560] (5 of 5) [CW-1315/2025] Therefore, prayer is made for an adjournment

6. by the learned Advocate General. Heard and considered. 7. Considering the arguments advanced by the 8. learned counsel for the parties, taking note of the proposal made by the respective sides for constituting a fresh Medical Board at SMS Hospital and formation of committee in this regard by Principal, SMS Hospital, for carrying out the physical test by a competent authority (any person as State deems competent), to ensure certainty and time bound adjudication of the matter, this Court directs that Principal, SMS Hospital, Jaipur to consider the case of petitioners and constitute a Medical Board within a period of 10 days from the date of passing of this order, and the said Board after appropriate analysis shall furnish result in a fair and transparent manner, strictly in accordance with law. It is made clear that the re-examination result/report shall be final and binding upon the respective sides. The petitioners are directed to report on 9. 19.03.2025 at appropriate time as specified by the Principal, SMS Medical Hospital or the competent authority, at SMS Hospital, Jaipur. 10. Respective sides to carry out appropriate actions upon the medical report. 11. Accordingly, the instant petitions are disposed of. Pending applications, if any, shall stand disposed of.”

7. Accordingly, the present petitions are disposed of with the afore- mentioned directions. Rights of the petitioners qua selection process/appointment shall remain secured till the petitioners appear before the Medical Board. It is made clear, that the said interim protection shall not create any vested right qua the petitioners and final selection of the petitioners shall remain subject to outcome of the present petitions. Pending applications, if any, shall stand disposed of.

8. A copy of this order be placed in connected petitions. Pooja /875-878 (SAMEER JAIN),J