Manish Kumar Sharma S/O Shri Laxman Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Manish Kumar Sharma S/O Shri Laxman Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to be examined by the experts of AIIMS, Jodhpur to ascertain his Locomotor Disability (on application within 7 days with demand draft of Rs.10,000/- in favour of the Superintendent, AIIMS Jodhpur); if the required Benchmark disability is certified, liberty to make a representation to the respondents for decision strictly in accordance with law. Pending applications disposed of.

Issue for consideration

Whether the petitioner's candidature for the post of Patwari (Direct Recruitment) 2025, rejected as medically unfit, should be reconsidered in view of the considerable variance between the disability certificate dated 04.04.2024 (50% Locomotor Disability) and the respondents' assessment in the impugned order.

Court's answer

On account of the considerable variance between the two disability certificates (CMHO Alwar dated 04.04.2024 and the respondents' assessment in the impugned order), the petitioner is granted liberty to get himself examined by the experts of AIIMS, Jodhpur for ascertaining his Locomotor Disability.

Ratio / Principle

If the petitioner submits an application within 7 days with a demand draft of Rs.10,000/- in favour of the Superintendent of AIIMS, Jodhpur, the Superintendent shall constitute a Medical Board within 7 days thereafter to examine the extent and nature of the petitioner's Locomotor Disability.

Key takeaways

If the medical experts of AIIMS, Jodhpur certify that the petitioner possesses the required Benchmark disability, the petitioner shall make a representation before the respondents, who shall consider and decide the same strictly in accordance with law.ratio¶23
The Court has not expressed any opinion on the merits of the case.ratio¶24

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), Anand Sharma, J. — Writ petition by an applicant for the post of Patwari (Direct Recruitment) 2025 whose candidature was rejected indicating 'Medically Unfit-Physically Challenged from both legs', despite a disability certificate dated 04.04.2024 issued by the Chief Medical and Health Officer, Alwar recording 50% Locomotor Disability. Noting the considerable variance between the two disability certificates, the Court disposed of the writ petition granting the petitioner liberty to be examined by the experts of AIIMS, Jodhpur: on an application within 7 days accompanied by a demand draft of Rs.10,000/- in favour of the Superintendent, AIIMS Jodhpur, a Medical Board is to be constituted within 7 days to determine the extent and nature of the Locomotor Disability; if the required Benchmark disability is certified, the petitioner may make a representation to the respondents, to be considered and decided strictly in accordance with law. The Court expressly expressed no opinion on the merits; pending applications were disposed of.

[2026:RJ-JP:9562]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3327/2026

Manish Kumar Sharma S/o Shri Laxman, Aged About 30 Years, Resident Of Padli Village, Gram Panchayat Padli, Tehsil Reni, District Alwar, Rajasthan.

----Petitioner

Versus

State Of Rajasthan, Through Chairman, Rajasthan State Selection Board, Board Of Revenue, Ajmer, Rajasthan.

Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Jaipur.

Chief Medical And Health Officer (Cmho), District Alwar, Rajasthan.

Superintendent, Sms Hospital, Jaipur, Rajasthan.

District Medical Board/ Medical Authority, Alwar, Rajasthan.

----Respondents

For Petitioner(s) : Ms. Krishma Soni For Respondent(s) :

HON'BLE MR. JUSTICE ANAND SHARMA

Order

06/03/2026

Learned counsel for the petitioner submits that the petitioner submitted his application for the post of Patwari (Direct Recruitment) 2025 on 18.12.2025. However, petition met with an unfortunate accident resulting in 'Permanent Locomotor Disability'. Despite being eligible his candidature has been rejected indicating 'Medically Unfit-Physically Challenged from both legs'. Learned counsel also produced the disability certificate dated 04.04.2024, wherein the petitioner is found to have 50% Locomotor Disability.

Learned counsel submits that petitioner may be granted liberty to get his disability examined by the medical experts of

(2 of 2)

[2026:RJ-JP:9562]

[CW-3327/2026]

AIIMS, Jodhpur and on the basis of such result of re-medical examination the Competent Authority may be directed to take further actions.

Although, in the matters of disputed question of facts, this Court generally does not accept the writ petition, however, only on account of considerable variance between two disability certificates, one issued by Chief Medical and Health Officer, Alwar, Rajasthan dated 04.04.2024 and second by the respondents in impugned order, this Court grants liberty to the petitioner to get himself examined for the purpose of ascertaining his Locomotor Disability by the experts of AIIMS, Jodhpur. In case, the petitioner submits an application within a period of 7 days along with the demand draft of Rs.10,000/- in favour of Superintendent of AIIMS, Jodhpur then Superintendent of AIIMS, Jodhpur shall constitute a Medical Board for examining the extent and nature of Locomotor Disability of the petitioner within a period of 7 days thereafter. In case, the medical experts of AIIMS, Jodhpur certifies that the petitioner is possessing required Benchmark disability, then on the basis of such report, the petitioner shall make a representation before the respondents, who shall consider and decide the same strictly in accordance with law.

It is made clear that this Court has not expressed any opinion on merits of the case.

Writ petition filed by the petitioner stands disposed of. 6. Pending application(s), if any, stand(s) disposed of.

(ANAND SHARMA),J

DAKSH/15