Rajasthan High Court - Jodhpur
Pawan Jaipal vs The State Of Rajasthan ... on 27 February, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:11382]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt No. 748/2020
Pawan Jaipal S/o Shri Tejaram Jaipal, Aged About 28 Years, By
Caste Meghwal, Resident Of Bhutton Ka Baas, Fatipura, Bikaner,
District Bikaner (Rajasthan)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Medical And Health, Government Of
Rajasthan, Secretariat, Jaipur (Rajasthan).
2. Sidharth Mahajan, Secretary, Department Of Medical And
Health, Government Of Rajasthan, Secretariat, Jaipur
(Rajasthan)
3. Mukul Sharma, Additional Director (Administration),
Department Of Medical And Health Services, Jaipur.
----Respondents
For Petitioner(s) : Mr. Yash Pal Khileree
Mr. Ram Niwas
For Respondent(s) : Mr. N.S. Rajpurohit, AAG with
Mr. S.S. Rathore
JUSTICE DINESH MEHTA
Order
27/02/2025
1. By way of the present contempt petitions, petitioner has
alleged non-compliance of the order dated 06.07.2020 passed by
this Court, whereby the writ petition filed by the petitioner was
allowed in terms of the judgment dated 06.03.2020 passed in the
case of Sunita Kumari vs. The State of Rajasthan & Ors. (S.B. Civil
Writ Petition No. 1760/2020).
2. As per the order dated 06.07.2020, the petitioner was
required to furnish a certificate of fitness as required under Rule
[2025:RJ-JD:11382] (2 of 3) [WCP-748/2020]
13 of the Rajasthan Medical and Health Sub-ordinate Service
Rules, 1965.
3. Learned counsel for the petitioner submitted that the
petitioner has filed representation, but no heed has been paid by
the respondents.
4. On the previous date of hearing i.e. on 17.01.2025, this
Court has directed the respondents to constitute a Medical Board
to examine petitioner's suitability for the post in question. The
relevant part of the order dated 17.01.2025 reads thus:-
"13. It is deemed expedient and hence, ordered
that petitioner's medical examination shall be
done by the Medical Board of AIIMS, Jodhpur in
light of Rule 13 of the Rules of 1965.
14. The Director of the AIIMS, Jodhpur is
requested to constitute a medical board of three
doctors and assess petitioner's suitability for the
post in question. The Board may ask the
petitioner to do all or any of the acts which a
Nurse Grade-II is required to perform.
15. After the functional tests of the petitioner
being done, the Board shall furnish a report to
this Court indicating therein as to whether the
petitioner is able to discharge the duties of a
Nurse Grade-II, including but not limited to
patient care, medical assistance, monitoring
procedures such as enemas, catheterization,
intravenous injections, infusion and reporting etc.
16. The Medical Board shall be free to take
Practical Test of the petitioner."
5. The Medical Superintendent of AIIMS has sent a report dated
13.02.2025 to this Court, indicating therein that the petitioner had
[2025:RJ-JD:11382] (3 of 3) [WCP-748/2020]
multiple disabilities, his total locomotory disability is 53.33% and
he is not fit to work.
6. The report dated 13.02.2025 is taken on record.
7. The relevant part of the report reads thus:-
"There is disability of 15% in the upper limb.
The person is not fit to work as staff nurse grade II in
labour room, operation theatre, ICU and emergency.
He is also not fit to perform long duties."
8. In view of the report aforesaid, the petitioner's claim of
being fit to work is unsustainable. The respondents cannot be said
to be in contempt in any manner.
9. The contempt petition is therefore, dismissed. Notices are,
hereby, discharged.
(DINESH MEHTA),J
264-Mak/-
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