Pradeep Kumar Yadav S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 2540 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 12043/2021

Pradeep Kumar Yadav S/o Shri Rattiram Yadav, Aged About 27
Years, R/o Kuri Ki Dhani, Tehsil Neem Ka Thana, District Sikar
(Raj.)
                                                                     ----Petitioner
                                     Versus
1.        State Of Rajasthan, Through The Principal Secretary
          Department Of Ayurved And Indian Medicine, Secretariat,
          Jaipur (Raj.)
2.        Director, Directorate, Department Of Ayurved And Indian
          Medicine, Government Of Rajasthan, Ajmer (Raj.)
3.        Registrar, Dr. Sarvpalli Radhakrishan, Rajasthan Ayurved
          University, Jodhpur.
4.        Mahendra Kaswan S/o Devchand Kaswan, (App No.
          1640886985)          Through          Registrar,        Dr.    Sarvpalli
          Radhakrishan, Rajasthan Ayurved University, Jodhpur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. C.L. Saini, AAG Mr. Vishesh Sharma

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

24/03/2022

Counsel for the petitioner submits that the issue involved in

this writ petition has been considered and decided by the Co-

ordinate Bench of this Court in the matter of Liyakat Ali Vs. The

Chief Secretary, Govt. of Rajasthan & Ors. (S.B. Civil Writ Petition

No. 15006/2021) wherein on 07.02.2022 following order was

passed;

"This writ petition has been preferred by the petitioner seeking a direction for the respondents to grant

(2 of 3) [CW-12043/2021]

mandatory one per cent reservation to the orthopaedically handicapped persons including the category of the petitioner i.e. locomotors disability or cerebral palsy as the same has not been included in the notification/advertisement dated 17.06.2021 issued by the respondents for appointment on the post of Compounder and Nurse Junior Grade.

Mr. Chiranji Lal Saini, learned Additional Advocate General, at the threshold, referring the circular dated 29.08.2019 issued by the State Government through Department of Personnel, fairly admitted that the persons suffering from cerebral palsy and locomotors disability are also entitled for reservation.

In view thereof, nothing survives for consideration of this Court in this writ petition which deserves to be allowed in view of the admission of the learned Addition Advocate General.

              The     writ    petition   is     allowed
              accordingly.
              The     respondents      shall     provide

benefit of reservation to the category of persons suffering from locomotors disability and cerebral palsy under the physical disability category. Consequences to follow."

Learned AAG has not disputed the submissions made by the

counsel for the petitioner.

Counsel appearing on behalf of respondent No.3 has opposed

the writ petition and submitted that they have conducted the

recruitment as per the advertisement and circular issued by the

State Government dated 17.03.2020.

In that view of the matter, the writ petition is allowed in view

of the judgment passed by the Co-ordinate Bench of this Court in

the matter of Liyakat Ali (supra).

The respondents shall provide benefit of reservation to the

category of persons suffering from locomotors disability and

cerebral palsy under the physical disability category for the post of

(3 of 3) [CW-12043/2021]

Ayurved Medical Officer in pursuance to the advertisement No.

10(17)आयु0./2020/.

(INDERJEET SINGH),J

CHETNA BEHRANI /45

Powered by TCPDF (www.tcpdf.org)