Secretary, Rajasthan Public ... vs Bhooma Ram Gurjar Son Of Shri Sadhu ...
2021 Latest Caselaw 3482 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          D.B. Civil Special Appeal Writ No. 1578/2019

                                        In

              S.B. Civil Writ Petition No. 5180/2019

Secretary, Rajasthan Public Service Commission, Ajmer.
                                                                    ----Appellant
                                    Versus
1.     Bhooma Ram Gurjar Son Of Shri Sadhu Ram Gurjar, Aged
       About 28 Years, Resident Of Village Kiretpura, Post Kant
       Via Achrol, Tehsil Amber, District Jaipur (Raj.).
2.     State Of Rajasthan, Through Department Of Personal,
       Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)
                                                                 ----Respondents

For Appellant(s) : Mr. Mirza Faisal Baig, Advocate For Respondent(s) : Mrs. Sudesh Kasana, Advocate

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Judgment / Order

06/08/2021

Appellant-Rajasthan Public Service Commission has filed the

appeal challenging the order dated 27.09.2019 passed by the

learned Single Judge, whereby, writ petition filed by Respondent

No. 1 was allowed.

Learned state counsel has submitted that appellant had

applied for the post of Junior Accountant in pursuance to the

advertisement dated 18.09.2013. Last date for filling up the form

was 15.05.2015. As per Annexure-R/2 (attached to the reply to

writ petition), the last date for submission of change of category

was 01.10.2016. So far as Respondent No. 1 is concerned, he had

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sought that his candidature be considered in the category of

physically handicapped person vide representation dated

20.02.2017. In this factual background, learned Single Judge fell

in error in allowing the writ petition filed by Respondent No. 1.

Learned counsel for Respondent No. 1 has submitted that

appellant had become physically handicapped person after he had

submitted the application form. As per Annexure-R/1 placed on

record by the appellant, in case of physically handicapped person,

correction or change in category could be made before the

declaration of the final result. It was evident from the order dated

14.11.2017 Annexure-5 (attached to the writ petition), whereby

representation submitted by Respondent No. 1 was dismissed,

that initially result was declared on 07.11.2016 and thereafter

from time to time the result was revised and final result was

declared on 07.06.2017. Respondent No. 1 had sought change in

category before the declaration of the final result. Hence, the writ

petition had been rightly allowed by the learned Single Judge.

Respondent No. 1 had applied for the post of Junior

Accountant in pursuance to the advertisement dated 18.09.2013.

Admittedly, the last date of submission of the form, initially, was

20.10.2013 and the same was later extended upto 15.05.2015.

As per the guidelines of Rajasthan Public Service Commission

Annexure-R/1 (attached with reply to writ petition), physically

handicapped person category could seek change/correction as

under:-

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mijkUr izkIr izkFkZuk i=ksa esa iwoZ ?kksf'kr ifj.kke esa la"kks/ku

ugha fd;k tk,xk] ijUrq ;fn dksbZ fo/[email protected] vH;FkhZ

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?kks'k.kk dh frfFk rd bl Js.kh dk ykHk ns; gksxkA"

Examination was held on 04.10.2016 and result was declared

on 07.11.2016. Respondent No. 1 approached the appellant

seeking change of his category to physically handicapped person

by filing representation dated 20.02.2017. Since, the

representation filed by the respondent was not decided,

respondent approached this court by way of S. B. Civil Writ

Petition No. 3353/2017. The said writ petition was disposed of

vide order dated 23.03.2017.

Order dated 23.03.2017 reads as under:-

"The present writ petition has been filed under Article 226 of the Constitution of India, praying that a direction be given to the respondent RPSC to consider the petitioner in the category of Physically Handicapped candidates.

This Court on 8.3.2017, had passed the following order:-

"Prima facie, I have doubts regarding the genuineness of medical certificate (Annaxure-5) issued in favour of the petitioner.

Petitioner is directed to appear before the Medical Superintendent, SMS Hospital, Jaipur. Medical Superintendent, SMS

(4 of 6) [SAW-1578/2019]

Hospital, Jaipur shall constitute a Board of three doctors which shall include Professor of Orthopedics. The said Board shall examine the locomotor disability of the petitioner. Petitioner shall appear before the Medical Superintendent, SMS Hospital, Jaipur on 16.03.2017 at 10:30 AM, along with copy of this order.

Copy of this order under the seal and signature of the court master, be handed over to Shri M.F. Baig, Government Counsel, for the respondent RPSC for onward transmission and necessary compliance, along with copy of the petition.

List for arguments 23.03.2017.

Name of Shri M.F. Baig, Government Counsel, be reflected in the cause list as counsel for the respondent RPSC."

In pursuance of the above order, the report has been submitted in a sealed cover by the Medical Board constituted by the Medical Superintendent, SMS Hospital, Jaipur, regarding permanent disability of the petitioner. The sealed cover has been opened in the court. The report submitted by the Medical Board is taken on record.

As per the report, the petitioner is suffering more than 40% disability.

Dy. Registrar (Judicial) is directed to forthwith forward the report of the Medical Board of SMS Hospital, Jaipur to Secretary, RPSC in a sealed cover along with copy of this order.

The respondent RPSC is directed to act in consonance with the report submitted by the Medical Board constituted by SMS Hospital, Jaipur, regarding permanent disability of the petitioner.

The RPSC shall consider the medical report and disability certificate issued by the Medical Board, SMS Hospital, Jaipur. In case, the respondent RPSC is of the view that the petitioner cannot be considered in the category of Physically Handicapped candidates, they shall pass a reasoned speaking order within a period of one week from the receipt of copy of this order along with certificate of disability issued by Medical Board.

(5 of 6) [SAW-1578/2019]

The petitioner shall be at liberty to assail the order to be passed by the Secretary, RPSC.

A copy of this order under the seal and signature of the Court Master be handed over to Mr. M.F. Baig, counsel for the respondent, for onward transmission and necessary compliance.

In view of directions issued above, the present writ petition is disposed of."

Thereafter, case of Respondent No. 1 was considered by the

appellant and the request of Respondent No. 1, seeking change of

his category, was declined vide order dated 14.11.2017

(Annexure-5 attached to the writ petition). A perusal of the said

order reveals that Respondent No. 1 had approached the appellant

seeking change of category on 20.02.2017 by basing reliance on a

certificate dated 02.02.2016 issued in his favour declaring him a

physically handicapped person. A perusal of the order further

reveals that initially result with regard to the examination

conducted on 04.10.2016 was declared on 07.11.2016. Thereafter,

the said result was revised on 24.02.2017, 14.04.2017,

16.05.2017 and final result was declared on 07.06.2017. Thus,

from the guidelines Annexure-R/1 (attached to reply to the writ

petition) and the order dated 14.11.2017 (Annexure-5 of the writ

petition), it transpires that Respondent No. 1 could have sought

change in his category upto 07.06.2017, as the result was finally

declared on 07.06.2017. Respondent No. 1 had sought change in

his category vide representation dated 20.02.2017. Respondent

No. 1 had suffered disability after the last date for submission of

the application form in pursuance to the advertisement dated

18.09.2013. During the pendency of the first writ petition filed by

Respondent No. 1, he was got medically examined from the

Medical Board constituted by Medical Superintendent, SMS Jaipur

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and it was declared that he was suffering more than 40% of

permanent disability.

Keeping in view the facts and circumstances of the case,

learned Single Judge had rightly allowed the writ petition filed by

Respondent No. 1, though for different reasons.

No ground for interference is made out.

Dismissed.

                                    (CHANDRA KUMAR SONGARA),J                                        (SABINA),J

                                   Mohita /40









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