Rajasthan High Court - Jodhpur
Gavari vs State Of Rajasthan (2024:Rj-Jd:25797) on 21 June, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:25797]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10268/2024
Gavari D/o Shri Gumana Ram, Aged About 38 Years, Village And
Post Lapla Kosariya, Tehsil Baytoo, District Barmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Women And Child Development,
Government Of Rajasthan, Jaipur, Rajasthan.
2. Rajasthan Subordinate And Ministerial Service Selection
Board, Through Its Chairman, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Mrigraj Singh Rathore
For Respondent(s) : Mr. Manish Patel, AAG
HON'BLE DR. JUSTICE NUPUR BHATI (VACATION JUDGE)
Order 21/06/2024
1. The instant writ petition has been filed under Article 226 of the Constitution of India claiming following relief(s):-
"A. By an appropriate writ order or direction, respondent may direct to grant dictator writer on the post of Supervisor (Women) (Anganwadi Worker) on the ground that petitioner is unable to write by hand due to fracture.
B. By an appropriate writ order or direction, the date of written examination i.e. 22.06.2024 scheduled to be conducted in pursuance of the Advertisement dated 13.02.2024 (Annex-01) may kindly be postponed and the respondents may kindly be directed to grant dictator writer on the post of Supervisor (Women) (Anganwadi Worker) on the ground that petitioner is unable to write due to fracture.
C. By an appropriate writ order or direction, the respondent may kindly be directed to afford the petitioner appointment on the post of Supervisor (Women) (Anganwadi Worker) for TSP & Non-TSP (Downloaded on 19/07/2024 at 08:34:34 PM) [2024:RJ-JD:25797] (2 of 4) [CW-10268/2024] advertised in pursuance of the Advertisement dated 13.02.2024 (Annexure-1) all with all consequential benefits if otherwise they found place in merit."
2. Learned AAG puts in appearance on behalf of both the respondents, therefore, the service is complete.
3. Learned counsel for the petitioner submits that the respondent No.2-Rajasthan Subordinate and Ministerial Service Selection Board (in short 'RSMSSB'), had issued an Advertisement dated 13.02.2024 (Annexure-1) for the purpose of appointment on the post of Supervisor (Women) (Anganwadi Worker) for TSP and Non-TSP. He further submits that the petitioner had duly applied for the afore-stated post and had also been issued provisional admit card, a copy of which has been placed on record as Annexure-4.
4. Learned counsel for the petitioner further submits that on 14.05.2024, petitioner and her husband met with an accident in which, husband of the petitioner on the same day, succumbed to the injuries and the Death Certificate dated 23.05.2024 (Annexure-3) has also been placed on record. He also submits that the petitioner has suffered fracture in the right hand on account of the accident which took place on 14.05.2024 for which, the prescription of the concerned doctor has also been placed on record as (Annexure-5).
5. Learned counsel for the petitioner also submits that the respondents have issued an Advertisement dated 14.06.2024 pursuant to the Advertisement dated 13.02.2024 (Annexure-1) wherein, date of the written examination has been scheduled as 22.06.2024. He also submits that as the petitioner has not recovered from the fracture that she has suffered in the right (Downloaded on 19/07/2024 at 08:34:34 PM) [2024:RJ-JD:25797] (3 of 4) [CW-10268/2024] hand, the petitioner would not be able to write in the written examination which is scheduled on 22.06.2024.
6. Learned counsel for the petitioner also submits that on account of fracture suffered by the petitioner and the fact that she is unable to right, the respondents may be directed to afford petitioner the Scribe so that the petitioner is enable to attend the examination which is scheduled on 22.06.2024.
7. Per contra, learned AAG submits that the Scribe can be given only to a person who is suffering from permanent disability, however, there is no such provision of giving Scribe to a person who has suffered some disability on the ground of some unforeseen circumstance, which is not permanent in nature.
Heard learned counsel representing the parties.
8. Upon perusal of the documents placed on record, it is an admitted fact that the petitioner and her husband had met with an accident on 14.05.2024 whereby, the husband of the petitioner had succumbed to the injuries on the same dated itself and the petitioner has suffered fracture in her right hand.
9. This Court further finds that the Hon'ble Apex Court in the case of Vikash Kumar Vs. Union Public Service Commission & Ors. : Civil Appeal No.273/2021, vide order dated 11.02.2021, has held and declared that the appellant is entitled to the facility of Scribe for appearing at Civil Services Examinations and in other competitive selections conducted under the authority of the government, while taking into consideration the fact that the appellant therein, was suffering from 'Writer's Cramp'.
10. Thus, in view of the submissions made hereinabove and looking to the peculiar facts and circumstances of the case as (Downloaded on 19/07/2024 at 08:34:34 PM) [2024:RJ-JD:25797] (4 of 4) [CW-10268/2024] available on record coupled with the judgment rendered by Hon'ble the Apex Court in the case of Vikash Kumar (supra), this Court deems it appropriate to direct the respondents to provide the petitioner the facility of Scribe for appearing in the written examination scheduled on 22.06.2024 for the post of Supervisor (Women) (Anganwadi Worker). It is made clear that the expenditure incurred for providing the facility of Scribe to the petitioner, shall be borne by the petitioner.
11. With the aforesaid direction, the instant writ petition is disposed of. Stay application as well as all other pending applications, if any, also stand disposed of accordingly.
(DR. NUPUR BHATI), VJ 54-/Devesh/-
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