Rajasthan High Court - Jodhpur
Gavari vs State Of Rajasthan (2024:Rj-Jd:25797) on 21 June, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:25797]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10268/2024
Gavari D/o Shri Gumana Ram, Aged About 38 Years, Village And
Post Lapla Kosariya, Tehsil Baytoo, District Barmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Women And Child Development,
Government Of Rajasthan, Jaipur, Rajasthan.
2. Rajasthan Subordinate And Ministerial Service Selection
Board, Through Its Chairman, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Mrigraj Singh Rathore
For Respondent(s) : Mr. Manish Patel, AAG
HON'BLE DR. JUSTICE NUPUR BHATI (VACATION JUDGE)
Order
21/06/2024
1. The instant writ petition has been filed under Article 226 of
the Constitution of India claiming following relief(s):-
"A. By an appropriate writ order or direction,
respondent may direct to grant dictator writer on the
post of Supervisor (Women) (Anganwadi Worker) on
the ground that petitioner is unable to write by hand
due to fracture.
B. By an appropriate writ order or direction, the
date of written examination i.e. 22.06.2024 scheduled
to be conducted in pursuance of the Advertisement
dated 13.02.2024 (Annex-01) may kindly be
postponed and the respondents may kindly be
directed to grant dictator writer on the post of
Supervisor (Women) (Anganwadi Worker) on the
ground that petitioner is unable to write due to
fracture.
C. By an appropriate writ order or direction, the
respondent may kindly be directed to afford the
petitioner appointment on the post of Supervisor
(Women) (Anganwadi Worker) for TSP & Non-TSP
[2024:RJ-JD:25797] (2 of 4) [CW-10268/2024]
advertised in pursuance of the Advertisement dated
13.02.2024 (Annexure-1) all with all consequential
benefits if otherwise they found place in merit."
2. Learned AAG puts in appearance on behalf of both the
respondents, therefore, the service is complete.
3. Learned counsel for the petitioner submits that the
respondent No.2-Rajasthan Subordinate and Ministerial Service
Selection Board (in short 'RSMSSB'), had issued an Advertisement
dated 13.02.2024 (Annexure-1) for the purpose of appointment
on the post of Supervisor (Women) (Anganwadi Worker) for TSP
and Non-TSP. He further submits that the petitioner had duly
applied for the afore-stated post and had also been issued
provisional admit card, a copy of which has been placed on record
as Annexure-4.
4. Learned counsel for the petitioner further submits that on
14.05.2024, petitioner and her husband met with an accident in
which, husband of the petitioner on the same day, succumbed to
the injuries and the Death Certificate dated 23.05.2024
(Annexure-3) has also been placed on record. He also submits
that the petitioner has suffered fracture in the right hand on
account of the accident which took place on 14.05.2024 for which,
the prescription of the concerned doctor has also been placed on
record as (Annexure-5).
5. Learned counsel for the petitioner also submits that the
respondents have issued an Advertisement dated 14.06.2024
pursuant to the Advertisement dated 13.02.2024 (Annexure-1)
wherein, date of the written examination has been scheduled as
22.06.2024. He also submits that as the petitioner has not
recovered from the fracture that she has suffered in the right
[2024:RJ-JD:25797] (3 of 4) [CW-10268/2024]
hand, the petitioner would not be able to write in the written
examination which is scheduled on 22.06.2024.
6. Learned counsel for the petitioner also submits that on
account of fracture suffered by the petitioner and the fact that she
is unable to right, the respondents may be directed to afford
petitioner the Scribe so that the petitioner is enable to attend the
examination which is scheduled on 22.06.2024.
7. Per contra, learned AAG submits that the Scribe can be given
only to a person who is suffering from permanent disability,
however, there is no such provision of giving Scribe to a person
who has suffered some disability on the ground of some
unforeseen circumstance, which is not permanent in nature.
Heard learned counsel representing the parties.
8. Upon perusal of the documents placed on record, it is an
admitted fact that the petitioner and her husband had met with an
accident on 14.05.2024 whereby, the husband of the petitioner
had succumbed to the injuries on the same dated itself and the
petitioner has suffered fracture in her right hand.
9. This Court further finds that the Hon'ble Apex Court in the
case of Vikash Kumar Vs. Union Public Service Commission
& Ors. : Civil Appeal No.273/2021, vide order dated
11.02.2021, has held and declared that the appellant is entitled to
the facility of Scribe for appearing at Civil Services Examinations
and in other competitive selections conducted under the authority
of the government, while taking into consideration the fact that
the appellant therein, was suffering from 'Writer's Cramp'.
10. Thus, in view of the submissions made hereinabove and
looking to the peculiar facts and circumstances of the case as
[2024:RJ-JD:25797] (4 of 4) [CW-10268/2024]
available on record coupled with the judgment rendered by
Hon'ble the Apex Court in the case of Vikash Kumar (supra),
this Court deems it appropriate to direct the respondents to
provide the petitioner the facility of Scribe for appearing in the
written examination scheduled on 22.06.2024 for the post of
Supervisor (Women) (Anganwadi Worker). It is made clear that
the expenditure incurred for providing the facility of Scribe to the
petitioner, shall be borne by the petitioner.
11. With the aforesaid direction, the instant writ petition is
disposed of. Stay application as well as all other pending
applications, if any, also stand disposed of accordingly.
(DR. NUPUR BHATI), VJ
54-/Devesh/-
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