Rajendra Kumar Bhati vs State Of Raj
2021 Latest Caselaw 7338 Raj

Citation : 2021 Latest Caselaw 7338 Raj
Judgement Date : 16 March, 2021

Rajasthan High Court - Jodhpur

Rajendra Kumar Bhati vs State Of Raj on 16 March, 2021

Bench: Dinesh Mehta

(1 of 4) [CW-2527/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2527/2020

Rajendra Kumar Bhati S/o Moti Lal, Aged About 27 Years, Joshi Mohalla, Jaitaran, District Pali, Rajasthan.

----Petitioner Versus

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

2. The Director, Department Of Medical And Health Service, Rajasthan, Jaipur, Rajasthan.

3. The Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Jaipur, Rajasthan.

                                                                ----Respondents


For Petitioner(s)        :     Mr. DS Sodha
For Respondent(s)        :     Mr. KS Rajpurohit, AAG



                    JUSTICE DINESH MEHTA

                                    Order

16/03/2021

1. Mr. Sodha, learned counsel at the outset submitted that

petitioner's candidature as PH category candidate has been

wrongly rejected which is evident from the medical report

submitted by the Board constituted pursuant to interim order of

this Court.

2. Learned counsel for the petitioner, further submitted that the

issue involved in the present writ petition is squarely covered by

the judgment dated 08.02.2021 rendered in SBCWP No.678/2021

(Ved Pal Vs. State of Rajasthan & Anr.).

3. Mr. Rajpurohit, learned AAG, submitted that may be, the

issue involved in the petition is covered by judgment of Ved Pal

(2 of 4) [CW-2527/2020]

(supra) but as the recruitment process is already over no relief

can be granted to the petitioner at this belated stage.

4. Mr. Rajpurohit, learned AAG, pointed out that first select list

of physically handicapped candidates was issued way back on

24.01.2020 and cases of similarly situated candidates, whose

petitions have been allowed on 15.12.2020, are already at final

stage.

5. This Court vide order dated 04.09.2020, referred the case to

Medical Board of Dr. S.N. Medical College, Jodhpur for examining

the petitioner's percentage of disability.

6. In furtherance of the direction issued by this Court on

16.02.2021, this Court had advantage of viewpoint of Dr. Arun

Kumar Vaishya, HOD Orthopaedic Department. After hearing the

matter at length on 23.02.2021, the Court had requested him to

furnish report about the percentage of disability in petitioner's

body parts more particularly in petitioner's right leg.

7. Mr. K.S. Rajpurohit, learned AAG has placed on record report

dated 10.03.2021, prepared by the Medical Board headed by Dr.

Arun Kumar Vaishya, which reads thus:

"Diagnosis:-

Kypho-scoliosis of spine with monoparesis right lower limb with shortening right lower limb. Permanent disability percentage calculated as per Gazette guidelines issued by Government of India is written below:

1. The permanent disability percentage in right lower limb is 42% (forty-two percent).

2. The permanent disability percentage is spine is 44% (forty-four percent).

3. The total permanent disability percentage as per combining formula (A+B(90-A)/90) is 65% (sixty-five percent)."

          emphasis supplied





                                           (3 of 4)                [CW-2527/2020]

8. It is therefore clear that the petitioner's permanent disability

in right lower limb is 42% and thus, he is entitled for the

reservation meant for PH category for the post of Nurse Grade-II,

pursuant to advertisement dated 30.05.2018.

9. The writ petition is disposed of in terms of judgment passed

in the case of Ved Pal (surpa), however, with the caveat that the

petitioner shall be offered appointment only in case, any vacant

seat in PH category remains, after according appointments to the

candidates in whose favour orders have already been passed by

this Court.

10. It is, hereby, directed :

(i) That prior to transferring the vacant post (if any) of

PH category candidate to General category candidate,

petitioner's candidature shall be considered.

(ii) In case of vacancy in PH Category, respondent

No.2 shall issue a notice to the petitioner for the

purpose aforesaid.

(iii) The petitioner shall appear in the Office of

respondent No.2 on the date fixed. Respondent No.2

or his nominee shall examine petitioner's original

disability certificate(s) and if his certificate(s) show(s)

him to be having 40% or more disability in one leg, he

shall be treated eligible.

(iv) The respondents shall, thereafter, prepare fresh

select list for PH category and place the eligible

petitioner (after verification of documents) at

appropriate place in the select list, of course according

to his category.

(4 of 4) [CW-2527/2020]

(v) Appointment orders be issued thereafter.

(vi) The petitioner shall produce a certificate of fitness

issued by a competent Medical Authority notified by

the Government for this purpose. The certificate

should clearly indicate that petitioner's physical

difficulty is not likely to interfere with the efficient

performance of his duties as Nurse Grade-II, as

stipulated in Rule 13 of the Rules of 1965. The

competent authority shall not be influenced by the

medical reports, which have been discarded by this

Court and record his independent finding on his own

assessment.