Rajasthan High Court - Jodhpur

Dr. Ram Singh Rathore vs State Of Rajasthan ... on 12 October, 2023

Bench: Vinit Kumar Mathur

[2023:RJ-JD:34668]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15383/2023

Dr. Ram Singh Rathore S/o Shri Pahar Singh, Aged About 37 Years, Resident Of Village Dedriyar, Balewa, Amar Hospital, Harsani District Barmer.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Medical And Family Welfare Services, Government Of Rajasthan, Jaipur.

2. The Secretary, Ayurved, Yoga And Natural Medical Unani, Sidha And Homeopathy (Ayush) Department, Government Of Department, Rajasthan, Jaipur.

3. Registrar, Dr. Sarvapalli Radhakrishan, Rajasthan Ayurved University, Jodhpur.

                                                                   ----Respondents


For Petitioner(s)            :    Mr. Ashwani Purohit
For Respondent(s)            :    Mr. Anil Kumar Gaur, AAG
                                  Mr. Sunil Purohit



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                       Order

12/10/2023

(1)   Heard learned counsel for the parties.

(2) The present writ petition has been filed with the prayer that

candidature of the petitioner for selection on the post of

Homeopathy Medical Officer in the category of disabled persons

for the disability suffered by him pursuant to advertisement

No.3/2023 dated 10th July, 2023 may be considered.

(3) Briefly noted the facts of the case are that the respondents-

Department vide their advertisement No.3/2023 dated 10 th July,

2023 advertised the vacancies for the post of Homeopathy Medical

[2023:RJ-JD:34668] (2 of 5) [CW-15383/2023]

Officer. Pursuant to the advertisement, the petitioner applied for

the said post. The petitioner suffers from the disability of 'hearing

impairment', therefore, on 14th July, 2023, he applied for issuance

of an appropriate certificate to the concerned competent authority.

However, the certificate of disability was ultimately issued to the

petitioner by the CMHO on 20th September, 2023. Since at the

time of filling the application form, the petitioner was not having

the disability certificate with him, therefore, he applied in the

General (EWS) category without filling the column of disability

suffered by him. The last date for submission of the application

form was 24th July, 2023. The respondents, after scrutiny of the

documents submitted by the aspiring candidates along with their

application form, called the candidates for document verification

from 07.08.2023 to 16.08.2023. The candidature of the petitioner

was considered in the category mentioned by him in the

application form. The respondents declared a provisional list of the

selected candidates on 10th September, 2023 and invited

objections within three days. The petitioner filed his objections for

non-consideration of his candidature in the category of disability

persons. Objection submitted by the petitioner was not favourably

considered and the respondent Department issued a final select

list of the candidates for appointment on the post of Homeopathy

Medical Officer on 21st September, 2023. Hence, the present writ

petition has been filed.

(4) Learned counsel for the petitioner vehemently submitted

that the candidature of the petitioner was wrongly rejected by the

respondents in the category of disability persons because no fault

was committed by the petitioner as the disability certificate was

[2023:RJ-JD:34668] (3 of 5) [CW-15383/2023]

granted to him by the competent authority on 20 th September,

2023. Learned counsel submits that the petitioner applied for

grant of disability certificate on 14th July, 2023 before the cut off

date of the application form for the post of Homeopathy Medical

Officer. Learned counsel further submits that once the petitioner

raised the objection to the provisional list prepared and published

by the respondents by mentioning his disability, the respondents

were under an obligation to consider his candidature in the

disability category for appointment on the post of Homeopathy

Medical Officer. In support of his submission, learned counsel for

the petitioner relies upon a judgment rendered by Hon'ble

Supreme Court in case of Ram Kumar Gijroya vs. Delhi

Subordinate Services Selection Board & Anr. (Civil Appeal

No.1691 of 2016) decided on 24.02.2016

(5) Per contra, learned counsel for the respondents submits that

at the time of filling the application form, the petitioner did not fill

the column of disability suffered by him and till the date of

document verification, he did not provide the disability certificate,

therefore, the candidature of the petitioner has rightly been

considered by the respondents in General (EWS) category.

(6) I have considered the submissions made at the Bar and gone

through the relevant record of the case.

(7) The argument of learned counsel for the petitioner that once

the petitioner has raised the objection to the provisional list

prepared and published by the respondents by mentioning his

disability, the respondents were under an obligation to consider

his candidature in the disability category for appointment on the

post of Homeopathy Medical Officer, is noted to be rejected only

[2023:RJ-JD:34668] (4 of 5) [CW-15383/2023]

on the ground that for no fault of the respondents, the

candidature of the petitioner was not considered in the disabled

category as the certificate issued by the competent authority

showing the disability of the petitioner has been issued much after

the cut off date prescribed in the advertisement. In the

advertisement, it has been categorically mentioned that the entire

documents along with the requisite certificatearerequired to be

obtained by a candidate till the date of document verification

issued by the respondents. As noted above, the petitioner was not

holding the disability certificate even till the date of document

verification given by the respondents. The facts noted above

clearly show that the persons who are having disability are

required to give proof of their disability in the shape of disability

certificate latest by the time of document verification to be

conducted by the respondent Department. Since the certificate

itself was issued to the petitioner after the date of document

verification, therefore, no fault can be found with the respondents

for not considering the candidature of the petitioner in the

category of disabled persons on the strength of disability

certificate which has been issued subsequently to the date of the

document verification.The judgment of Ram Kumar Gijroya

(supra) relied upon by learned counsel for the petitioner has no

application in the facts and circumstances of the case. The

Coordinate Bench of this Court in the identical situation in S.B.

Civil Writ Petition No.13505/2023 (Dr. Vandana Kumari Sharma vs.

State of Rajasthan & Anr) decided on 14th September, 2023 has

dismissed the writ petition by holding as under :-

[2023:RJ-JD:34668] (5 of 5) [CW-15383/2023]

"11. So far as the submission made by counsel for the petitioner regarding provision for change of category is concerned, the same, no doubt, is available in the advertisement, which provides for such change, till the date of document verification. However, apparently the same is contrary to the Rules, wherein, no such relaxation has been provided, as it is well settled that eligibility of a candidate has to be judged on the last date of application and as admittedly, the status of the petitioner on the last date of application and even till the date of document verification was that of a married women, the prayer made based on the decree dated 31st August 2023, cannot be sustained".

(8) In view of the discussions made above, no relief can be

granted to the petitioner. The writ petition is devoid of force,

therefore, the same is hereby dismissed.