Utsav Lal Sahu S/O Durga Lal Sahu Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Utsav Lal Sahu S/O Durga Lal Sahu Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to seek examination of his 'Hearing Impairment Disability' by a Medical Board of AIIMS, Jodhpur (application within 7 days with demand draft of Rs.10,000/-); upon certification of the required Benchmark disability, the petitioner to make a representation before 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 Teacher Grade III Level-2 (advertisement dated 16.02.2022, OBC H1 (PH) category) was rightly rejected on the ground that his disability was recorded as 23% instead of 42%. +1 more

Ratio / Principle

On account of the considerable variance between the two disability certificates, the Court granted the petitioner liberty to get himself examined for ascertaining his 'Hearing Impairment Disability' by the experts of AIIMS, Jodhpur.

Key takeaways

Procedure fixed: the petitioner is to submit an application within 7 days along with a demand draft of Rs.10,000/- in favour of the Superintendent of AIIMS, Jodhpur, whereupon the Superintendent shall constitute a Medical Board within 7 days thereafter.ratio¶23
If the AIIMS, Jodhpur experts 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

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), Anand Sharma, J. — Writ petition by an OBC H1 (PH) candidate whose application for Teacher Grade III Level-2 (advertisement dated 16.02.2022) was rejected by the respondents recording his disability as 23% instead of 42%, contrary to his disability certificate dated 05.11.2024 showing 42% hearing impairment in both ears. Treating the matter as involving disputed questions of fact, but noting the considerable variance between the certificate issued by the Chief Medical and Health Officer, Bundi and the respondents' assessment in the impugned order, the Court disposed of the writ petition with liberty to the petitioner to be examined by experts of AIIMS, Jodhpur: application within 7 days with a demand draft of Rs.10,000/-; Medical Board to be constituted within 7 days thereafter; if the required Benchmark disability is certified, the petitioner is to make a representation before the respondents, who shall decide it strictly in accordance with law. The Court expressly refrained from expressing any opinion on the merits. Pending applications stand disposed of.

[2026:RJ-JP:11223]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4744/2026

Utsav Lal Sahu S/o Durga Lal Sahu, Aged About 48 Years, R/o Br-541, New Colony, Bundi, Rajasthan.

----Petitioner

Versus

The State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Of Rajasthan, Government Secretariat, Jaipur.

The Director, Elementary Education, Rajasthan, Bikaner.

The Chief Executive Officer, Zila Parishad, Sirohi.

The District Education Officer (Headquarter), Elementary Education, Sirohi.

The Rajasthan Staff Selection Board, Through Its Secretary, Agriculture Management Institute Building, Durgapura, Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) :

HON'BLE MR. JUSTICE ANAND SHARMA

Order

17/03/2026

Learned counsel for the petitioner submits that the petitioner submitted his application for the post of Teacher GradeIII Level-2 pursuant to advertisement dated 16.02.2022 under OBC H1 (PH) category. Despite being eligible his candidature has been rejected indicating his percentage of disability only 23% instead of 42%. Learned counsel has also produced the disability

[2026:RJ-JP:11223]

[CW-4744/2026]

(2 of 3)

certificate dated 05.11.2024, wherein the petitioner is found to have 42% hearing impairment in both ears.

Learned counsel submits that petitioner may be granted liberty to get his disability examined by the medical experts of 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, Bundi, Rajasthan dated 05.11.2024 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 'Hearing Impairment 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 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.

(3 of 3)

[2026:RJ-JP:11223]

[CW-4744/2026]

Pending application(s), if any, stand(s) disposed of.

(ANAND SHARMA),J

RINCHU /16