Sita D/O Neki Ram Vs the State of Rajasthan

[2025:RJ-JP:15392]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 16442/2024

Saroj Daughter Of Shri Ugma Ram Choudhary, Wife Of Shri Mukesh Choudhary, Aged About 32 Years, Resident Of Village Post Leeri Vaya Mangliyawas Tehsil Pisangan District Ajmer (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health And Family Welfare Department, Secretariat, Jaipur (Raj.)

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Director, State Health And Family Welfare Institution, Jhalana Institutional Area, Jaipur (Raj.)

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Additional Director, Non Gazzeted, Medical And Health Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.)

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 14944/2024

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Manoj Kumari D/o Raghuveer Singh, Aged About 30 Years, R/o Rajpura, Post Ghardana Kalan, Tehsil Buhana District Jhunjhunu.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Additional Chief Secretary, Medical And Health Department, Secretary, Jaipur.

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The Director, Directorate Of Medical And Health Services, Tilak Marg, Swasthya Bhawan, Rajasthan, Jaipur (Raj.).

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The Director, State Institute Of Health And Family Welfare, Jhalana Industrial Area, Jaipur.

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Sabina D/o Mohd. Ibrahim, Application Id 105645 Through The Director, State Institute Of Health And Family Welfare, Jhalana Industrial Area, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 15037/2024

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Manju Kumari Meena D/o Sh. Kalyan Mal Meena, Aged About 31 Years, R/o Maszid Ke Pass, Lanka Colony, Baran.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Director, State Institute Of Health And Family Welfare (Sihfw), Jhalana Doongri, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 15175/2024

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Poonam Kanwar D/o Kishor Singh, Aged About 26 Years, R/o Shiv Colony, Ward No. 1, Churu, Rajasthan.

----Petitioner

Versus

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The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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The Director (Non-Gazette), Medical And Health Services, Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 15223/2024

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Mona Kumari D/o Subhash Chandra, Aged About 32 Years, R/o Gadhwal Ka Bas, Ward No. 19, Bhorki, Udaipurwati, District Jhunjhunu, Rajasthan.

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----Petitioner

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Versus

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1. The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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The Director (Non-Gazette), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur

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----Respondents

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S.B. Civil Writ Petition No. 15271/2024

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Nirmal Kanwar D/o Gordhan Singh, Aged About 34 Years, R/o Rawat Nagar, Peelva, Dechu, Jodhpur, Rajasthan.

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----Petitioner

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Versus

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1. The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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The Director (Non-Gazette), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 15274/2024

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Suman D/o Umed Singh, Aged About 34 Years, R/o Vpo Lambor Bari, Tehsil Rajgarh, District Churu, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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The Director (Non-Gazette), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 15517/2024

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Mamta Kumari D/o Babu Lal, Aged About 32 Years, R/o Bhooti, Tehsil Ahore, District Jalore, Rajasthan.

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[CW-16442/2024]

----Petitioner

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Versus

The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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The Director (Non-Gazette), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 15539/2024

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Shikha Yadav D/o Naval Kishor Yadav, Aged About 28 Years, R/o Village Mothpur, Post Kalmanda, District Baran, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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The Director (Non- Gazette), Medical And Health Services, Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 15541/2024

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Sita D/o Neki Ram, Aged About 34 Years, R/o Village Hansasar, Tehsil Malsisar, District Jhunjhunu, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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The Director (Non-Gazette), Medical And Health Services, Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 15550/2024

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Rekha Swami Daughter Of Shri Jugal Kishore Swami, Wife Of Shri Nemi Chand Swami, Aged About 32 Years, Resident Of Kala Bhate Ki Dhani, Village And Post Morija, Tehsil Chomu, District Jaipur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Department Of Medial And Health And Family Welfare Department, Secretariat, Jaipur (Raj.)

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Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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Additional Director, Non Gazzeted, Medical And Health Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.)

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----Respondents

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S.B. Civil Writ Petition No. 15922/2024

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Mamta Meena D/o Shri Hari Ram, W/o Shankar Lal Meena, Aged About 33 Years, R/o Ward No. 1, Raiwasa, Tehsil Danta Ramgarh, District Sikar, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Service, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

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The Additional Director (Administration), Medical And Health Service, Rajasthan, Swasthya Bhawan, C-Scheme, Jaipur, Rajasthan.

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The Director, State Institute Of Health And Family Welfare (Sihfw), Jhalana Institutional Area, Jhalana, Jaipur, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 16058/2024

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Suman Saini Daughter Of Nathu Lal Saini, Aged About 21 Years, Resident Of Village Dhand, Marwada, Dhani Po Khedi, Tehsil Baijupara, District Dausa 303313 (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Medical Health And Family Welfare, Government Secretariat, Jaipur- 302005 (Raj.)

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Director State Institute Of Health And Family Welfare (Sihfw), Through Its Director Having Its Office At Jhalana Doongari Colony, Ghat Ki Guni, Jaipur 302004 (Raj.)

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Director (Non Gazetted), Department Of Medical And Health, Swasthya Bhawan, Tilak Marg, C Scheme, Jaipur 30205 (Raj.)

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Additional Director (Non Gazetted), Department Of Medical And Health, Swasthya Bhawan, Tilak Marg, C Scheme, Jaipur 30205 (Raj.)

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----Respondents

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S.B. Civil Writ Petition No. 16141/2024

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Anita Yadav Daughter Of Shri Abhay Singh Yadav Wife Of Shri Yashwant Yadav, Resident Of Village Dawani, Post Budhwal, Tehsil Behror, District Kotputli Behror (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health And Family Welfare Department, Secretariat, Jaipur (Raj.)

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Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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Additional Director, Non Gazzeted, Medical And Health Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.)

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----Respondents

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[2025:RJ-JP:15392] For Petitioner(s)	:	(5 of 8) [CW-16442/2024] Ms. Sudesh Panwar Mr. Ankush Sharma Mr. Sameer Sharma Mr. Ram Pratap Saini Mr. Akhilesh K Pareek Mr. S. S. Mehla Mr. Iliyas Khan
For Respondent(s)	:	Mr. Archit Bohra, AGC with Ms. Anjali Sharma Mr. Rahul Verma Mr. Prakhar Jain

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HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment

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07/04/2025

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In bunch of the matters, learned counsel for the petitioners while placing reliance upon the order dated 27.02.2025 passed in Radha vs. State of Rajasthan and Ors., registered as S.B. Civil Writ Petition No.8922/2024 , wherein, categorical directions were given to the Principal, SMS Hospital, Jaipur to consider the case of the petitioners therein and constitute a Medical Board, has submitted that the representation filed by the petitioners stating their disability/benchmark disability, is ought to be considered by the freshly constituted Medical Board at SMS Hospital, Jaipur.

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Learned counsel for the respondents has assured that Medical Board will consider the representations of the petitioner-candidates qua the aspect of suitability and eligibility, strictly in accordance with law.

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Heard and considered.

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Considering the submissions made by the learned counsel for the

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parties, this Court deems it apposite to pass the following directions:-

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4.1 That Principal, SMS Hospital, Jaipur shall consider the case of the petitioners and constitute a fresh Medical Board to carry out the physical/medical test of the petitioners.

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4.2 That the said Medical Board be constituted within a period of 10 days from the date of receipt of this order.

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4.3 That after appropriate analysis a report shall be furnished by the Board, in a fair, transparent and speaking manner, strictly in accordance with law.

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4.4 That re-examination result/report shall be final and binding upon the respective sides.

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4.5 The Medical Board constituted shall carry out the physical test/analysis on 22^nd , 23^rd and 24^th of April, 2025 at 11.00 AM at SMS Hospital, Jaipur qua which appropriate communication/intimation be sent to the petitioners along with the copy of this order.

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4.6 That the petitioners are directed to report on the specified date(s), time or allotted slot at SMS Hospital, Jaipur.

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Respective sides are directed to comply with the above stated directions, pronto.

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Relying upon Radha (supra) , this Court deems it apposite to dispose of the present petitions. Relevant portion of the same is reiterated as below:-

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“1. A bunch of matters is listed for hearing today. 2. Learned counsel for the petitioners while placing reliance upon the order passed by Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.1760/2020 titled as Sunita Kumari Vs. The State of Rajasthan & Anr , qua which an appeal was also preferred before the Division Bench at Principal seat, Jodhpur in D.B. Special Appeal Writ No.572/2023 , has submitted that the instant matter is squarely covered by the dictum encapsulated in Sunita Kumari ( supra ), therefore, instant matter can be decided in light of the same. 3. Learned Advocate General has drawn attention of this Court on 'para 19' of the D.B. Special Appeal

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Writ No.572/2023(supra) and has submitted that as per the Rule 13 of the Rules of 1965 (hereinafter 'referred as Rules of 1965'), the employer has a right to adjudge suitability of a candidate for appointment to the posts, in conformity with the rules governing the service conditions.

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4. Furthermore, it is submitted that the second issue pertains to the issuance of Physical Handicapped Certificate with respect to the test conducted by the Medical Board, however, same is sub-judice for adjudication before the Hon'ble Supreme Court (SLPNo.2816/2025 ).

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5. Further, it is apprised to this Court that D.B . Special Appeal Writ No.282/2021 titled as Smt. Prem Kumari vs. State of Rajasthan and Ors. , is also subjudice before the Division Bench of this Court.

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6. Therefore, prayer is made for an adjournment by the learned Advocate General.

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7. Heard and considered.

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8. Considering the arguments advanced by the learned counsel for the parties, taking note of the proposal made by the respective sides for constituting a fresh Medical Board at SMS Hospital and formation of committee in this regard by Principal, SMS Hospital, for carrying out the physical test by a competent authority (any person as State deems competent), to ensure certainty and time bound adjudication of the matter, this Court directs that Principal, SMS Hospital, Jaipur to consider the case of petitioners and constitute a Medical Board within a period of 10 days from the date of passing of this order, and the said Board after appropriate analysis shall furnish result in a fair and transparent manner, strictly in accordance with law. It is made clear that the re-examination result/report shall be final and binding upon the respective sides.

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9. The petitioners are directed to report on 19.03.2025 at appropriate time as specified by the Principal, SMS Medical Hospital or the competent authority, at SMS Hospital, Jaipur.

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10. Respective sides to carry out appropriate actions upon the medical report. 11. Accordingly, the instant petitions are disposed of. Pending applications, if any, shall stand disposed of.”

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Accordingly, the present petitions are disposed of with the aforementioned directions. Rights of the petitioners qua selection process/appointment shall remain secured till the petitioners appear before the Medical Board. It is made clear, that the said interim protection shall not create any vested right qua the petitioners and final

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selection of the petitioners shall remain subject to outcome of the present petitions. Pending applications, if any, shall stand disposed of.

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