Rajasthan High Court - Jodhpur
Aabid Ali vs The Stete Of Rajasthan ... on 16 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:42223]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16021/2023
Aabid Ali S/o Shri Ummed Ali, Aged About 29 Years, R/o House
No. 485, Khiyani Masjid Ki Dhani, Shekhnagar, Tehsil Piparcity,
District Jodhpur (Raj.)
----Petitioner
Versus
1. The Stete Of Rajasthan, Through The Deputy Secretary
(Administration), Department Of Ayush, Government Of
Rajasthan, Secretariat, Jaipur.
2. Secretary, Medical And Health Department, Government
Of Rajasthan, Secretariat, Jaipur.
3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved
University Karwad Jodhpur, Through Its Registrar.
----Respondents
For Petitioner(s) : Mr. Rohitash Singh Rathore
For Respondent(s) : Mr. Narendra Singh Rajpurohit, AAG
Mr. Sunil Purohit
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/10/2024
1. The petitioner has preferred the instant writ petition with the
following prayers :-
(i) The respondents may kindly be directed to provide 1 %
reservation to the petitioner under the category of O.B.C. - Sub-
Category of spsecially abled category of cerebral palsy/Locomotor
disability in the selection process initiated for the post of Unani
Medical Officer in pursuance of the advertisement no.04/2023 and
he may be provided appointment on the post of Unani Medical
Officer with all consequential benefits.
[2024:RJ-JD:42223] (2 of 3) [CW-16021/2023]
(ii) The respondents may kindly be directed to provide 1 %
reservation to the specially able person of disability with one Arm
impairment of 45 % in the present advertisement no.04/2023 and
petitioner's candidature may be considered under the Sub-
category of specially able persons (Disabled) in O.B.C.
(iii) The final select list (Annexure - 14) issued by the respondents
for the post of Unani Medical Officer in pursuance of the
Advertisement No.04/2023, in which name of the petitioner has
not been included, may kindly be quashed and set aside.
(iv) The respondents may kindly be directed to provided
appointment to the petitioner after providing benefit of reservation
of specially abled category of cerebral palsy (Disability in fingers of
arms).
2. At the outset, learned counsel for the petitioner placed on
record a judgment rendered by a Division Bench of this court in
the case of State of Rajasthan Vs. Sunita [D.B. Civil Special
Appeal (Writ) No.572/2023] and submits that the issue raised
by the petitioner is squarely covered by the said judgment.
Learned counsel for the petitioner contends that the vacancy is
still lying vacant, yet the respondents are not giving appointment
to the petitioner in light of the aforesaid judgment.
3. Learned AAG does not dispute the enunciation made by the
Division Bench on the issue at hand in the aforesaid judgment and
[2024:RJ-JD:42223] (3 of 3) [CW-16021/2023]
to some extent he concedes that the precarious situation of the
petitioner is required to be taken into consideration.
4. Having considered the submissions made at bar and after
going through the judgment referred to supra, this Court is of the
considered opinion that the controversy raised by the petitioner in
the instant writ petition is squarely covered by the decision
rendered by the Division Bench in the case referred to supra.
Accordingly, the instant writ petition is allowed in light of the
judgment rendered by the Division Bench in the case of Sunita
(supra). The respondents are directed to give appointment to the
petitioner positively provided vacancy is still lying there.
5. No order as to costs.
(FARJAND ALI),J
281-divya/-
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