Rajasthan High Court - Jodhpur
Shyam Lal Sen vs The Rajasthan State Road Transport ... on 20 November, 2025
[2025:RJ-JD:50256]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 22603/2025
Shyam Lal Sen S/o Shri Ram Pal Sen, Aged About 56 Years,
Resident Of Nai Aabadi, Jalampura, Chittorgarh, District
Chittorgarh, Rajasthan.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Chomu
House, Parivahan Marg, Jaipur Through Its Managing
Director.
2. The Executive Director (Administration), Rajasthan State
Road Transport Corporation, Parivahan Marg, Jaipur.
3. The Chief Depot Manager, Rajasthan State Road Transport
Corporation, Chittorgarh Depot, District Chittorgarh,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Inderjeet Yadav.
For Respondent(s) : Mr. Suniel Purohit a/w
Mr. Jasraj and
Ms. Darshita Pungaliya.
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
20/11/2025
1. The present writ petition has been by the petitioner
challenging the action of the respondents in assigning the duties
of driver contrary to the previous decision to medically invalidate
him based on the report of the medical board.
2. Learned counsel for both the parties submitted that the case
of the petitioner is squarely covered by the order passed by this
Court on 04.11.2025 in S.B. Civil Writ Petition No.
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[2025:RJ-JD:50256] (2 of 4) [CW-22603/2025]
21347/2025 (Mubarak Hussain Vs. State of Rajasthan &
Ors.).
3. The relevant portion of the order dated 04.11.2025 passed in
the case of Mubarak Hussain (supra) reads as follows:
"5. Considering the contentions of both the parties,
this Court finds that the circular dated 09.10.2025
which has been sought to review all the cases of
drivers who were earlier declared unfit by virtue of the
previous medical board's reports and such course has
been adopted to overcome the shortage of drivers. The
petitioner is duty bound to appear before the medical
board for review of his fitness which is only sought to
be achieved under the impugned circular. The
petitioner has already submitted a representation to
the Chief Manager of the concerned depot requesting
to refer his case to the headquarters which in turn will
fix the date and time for appearance of the petitioner
before the medical board as referred in the circular and
if the medical board opines that the petitioner is unfit,
he can be assigned the non-driver functions. In light of
the above factual background, this Court is inclined to
dispose of the writ petition.
6. As a result, the writ petition is disposed of as
follows:
i. The respondent No. 4 - Chief Depot
Manager, Rajasthan State Road Transport
Corporation, Banswara Depot, District Banswara
is directed to forward the representation of the
petitioner, if any filed, to the headquarters. If no
representation is filed, liberty is given to the
petitioner to file fresh representation within a
period of one week from today.
ii. The headquarters shall fix the date and time
for appearance of the petitioner before the fresh
medical board and such date and time shall be
intimated to the petitioner.
iii. On such intimation, the petitioner shall
positively appear before the medical board on the
fixed date and time.
iv. If the petitioner fails to appear before the
medical board on the fixed date and time without
any reasonable cause, the respondent authorities
are at liberty to take appropriate action.
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[2025:RJ-JD:50256] (3 of 4) [CW-22603/2025]
v. After medical examination of the petitioner,
if the medical board finds the petitioner unfit to
perform driver duties, the petitioner shall not be
assigned driver duties and he shall be assigned
other duties.
vi. Till the report is submitted by the fresh
medical board, the petitioner shall be allowed to
continue the work that he is already discharging.
7. All pending applications, if any, stand disposed of."
4. Considering the above judgment, the present writ petition is
disposed of in the same terms as passed in the case of Mubarak
Hussain (supra) with the following directions:
i. The respondent No. 3 - Chief Depot Manager, The
Rajasthan State Road Transport Corporation,
Chittorgarh Depot, District Chittorgarh is directed to
forward the representation of the petitioner, if any filed,
to the headquarters. If no representation is filed,
liberty is given to the petitioner to file fresh
representation within a period of one week from today.
ii. The headquarters shall fix the date and time for
appearance of the petitioner before the fresh medical
board and such date and time shall be intimated to the
petitioner.
iii. On such intimation, the petitioner shall positively
appear before the medical board on the fixed date and
time.
iv. If the petitioner fails to appear before the medical
board on the fixed date and time without any
reasonable cause, the respondent authorities are at
liberty to take appropriate action.
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[2025:RJ-JD:50256] (4 of 4) [CW-22603/2025]
v. After medical examination of the petitioner, if the
medical board finds the petitioner unfit to perform
driver duties, the petitioner shall not be assigned driver
duties and he shall be assigned other duties.
vi. Till the report is submitted by the fresh medical board,
the petitioner shall be allowed to continue the work
that he is already discharging.
5. All pending applications, if any, stand disposed of.
(MUNNURI LAXMAN),J
204-Mohan/-
(Uploaded on 20/11/2025 at 05:42:46 PM)
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