Rajasthan High Court - Jodhpur
Priyanka vs State Of Rajasthan on 24 March, 2021
Bench: Dinesh Mehta
(1 of 4) [CW-11171/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11171/2020
Priyanka D/o Shri Lala Ram W/o Late Shri Suresh Kumar, Aged
About 27 Years, R/o Vishnu Gadh, Bhadruna, Tehsil Sanchore,
District Jalore.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Medical And Health, Government Of
Rajasthan, Jaipur.
2. The Director, Department Of Medical And Health Services,
Swasthaya Bhawan Tilak Marg, C-Scheme, Jaipur.
3. The Addl. Director (Admn), Department Of Medical And
Health, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
----Respondents
For Petitioner(s) : Mr. Hapu Ram Bishnoi
For Respondent(s) : Mr. KS Rajpurohit, AAG
JUSTICE DINESH MEHTA
Order
24/03/2021
1. Petitioner's candidature for the post of Health Worker
(Female) has been rejected on the ground of other PH category.
2. Mr. Bishnoi, learned counsel for the petitioner pointed out
that petitioner is having index finger of her left hand amputed and
asserted that she had not applied under PH category.
3. He argued that the issue involved in the present writ petition
is squarely covered by a judgment dated 27.2.2020 rendered in
the case of Rekha Meena Vs. State of Rajasthan & Ors. (SBCWP
No.1325/2020).
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4. Mr. Rajpurohit, learned AAG, is not in a position to dispute
the aforesaid fact situation and the fact that petitioner is having
less than 40% impairment in her left hand and she had not
applied as PH candidate.
5. He however submitted that the petitioner has approached
this Court belatedly inasmuch as the provisional select list was
issued way back on 14.12.2019 and the recruitment process is
already at final stage.
6. This Court in the case of Rekha Meena (supra) has held as
under:-
"53. As an upshot of the discussion and enunciation
foregoing, the writ petition is allowed. It is held that the
respondents were not justified in subjecting the
petitioner to medical examination, as she had not
applied under PH category. It is also held that
respondents were not justified in rejecting petitioner's
candidature treating her to be from other PH Category,
as she was having 24% disability in one arm. It is
declared that a person with physical disability (more or
less than 40%) cannot be denied appointment in case
he/she does not claim reservation available to disabled.
But such appointment will remain subservient to
production of certificate of fitness of Medical Officer as
provided in concerned service rules. In absence of such
rule, it shall be dependent upon objective satisfaction of
the appointing authority that the incumbent is capable
of performing the functions/duties required to be
discharged by a person holding such post.
54. The respondents are directed to issue
appointment order to the petitioner, of course after her
credential in relation to the educational qualification
(ignoring her physical disability) are found in order.
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 her physical difficulty is not likely
to interfere with the efficient performance of her duties
as Nurse Grade-II, as stipulated in Rule 13 of the Rules
of 1965.
55. Appointment order be issued by 20th March, giving
at least 2 weeks' time to the petitioner to produce a
certificate and join."
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7. In view of the aforesaid following the judgment in Rekha
Meena (supra), the present writ petition is disposed of with
following directions:-
(i) That prior to transferring the vacant post (if any) of
Widow category candidate to Divorcee or any other
category, petitioner's candidature shall be considered.
(ii) In case of vacancy in such 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 credentials
and if the same are found in order, she shall be treated
eligible.
(iv) The respondents shall, thereafter, prepare fresh
select list qua such category and place the eligible
petitioner (after verification of documents) at
appropriate place in the select list, of course according
to her category and if she falls in merit.
(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 her duties as Health Worker (Female),
as stipulated in Rule 13 of the Rules of 1965. The
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competent authority shall record his independent
finding on his own assessment.
8. Stay application too stands disposed of accordingly.
(DINESH MEHTA),J
23-Rahul/-
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