Research › Search › Judgment

Rajasthan High Court · body

2017 DIGILAW 2116 (RAJ)

Ram Kumar v. State of Rajasthan

2017-10-03

DINESH MEHTA

body2017
JUDGMENT : Dinesh Mehta, J. Mr. Saharan, learned counsel appearing for the petitioner submits that by way of the impugned order dated 19.06.2015, Superintendent of Police, Hanumangarh had sent a list of six candidates for re-constitution of Medical Board. All the said six persons namely Kaluram Meena, Jairam Meena, Ajay Singh, Kailashchandra Meena, Ramkumar and Suresh Kumar Meena had filed separate writ petitions, out of which some have been allowed by this Court vide its order dated 04.05.2016, whereas the present writ petition remained pending. 2. Mr. Saharan relied upon the judgment dated 04.05.2016 passed by this Court in group of cases led by S.B. Civil Writ Petition No. 10962 of 2015 titled as "Jay Ram Meena v. State of Rajasthan & Ors." and submitted that petitioner is also entitled for similar relief. 3. Mr. Saharan, learned counsel contended that the petitioner is entitled for re-constitution of Medical Board within a period of six months of the examination by the earlier Medical Board, as the petitioners eye-sight got cured by medication, without any procedure or surgical intervention. On the other hand Mr. Bissa, learned Additional Government. 4. Counsel for the respondents submitted that this Court has passed a judgment dated 15.05.2017 rendered in S.B. Civil Writ Petition No. 7099/2016 titled as "Bharat Bhushan Fulwa v. State of Rajasthan & Ors.", wherein identical prayer or request made by concerned petitioner had been turned down. 5. I have heard learned counsel for the parties and perused both the judgments dated 04.05.2016 and 15.05.2017 passed by this Court. 6. On perusal of the factual & legal matrix obtaining in the present case, this Court finds that since the writ petitions filed by similarly situated persons have already been allowed by this Court vide its order dated 04.05.2016, the petitioner cannot be treated differently. 7. 6. On perusal of the factual & legal matrix obtaining in the present case, this Court finds that since the writ petitions filed by similarly situated persons have already been allowed by this Court vide its order dated 04.05.2016, the petitioner cannot be treated differently. 7. In view of above, the present writ petition is allowed, in terms of the judgment dated 04.05.2016 rendered in S.B. Civil Writ Petition No. 10962/2015 titled as "Jay Ram Meena v. State of Rajasthan & Ors." The operative portion whereof is reproduced hereunder and the same shall apply in the petitioner's case also:- "Accordingly, the present writ petitions are allowed with a direction that the respondents shall immediately ensure that Medical Board is constituted for the purpose within two weeks from the receipt of this order and thereafter consider them for appointment in case they are found medically fit by the Board and are otherwise found eligible." 8. It is however made clear that the Medical Board so constituted, shall also enquire as to whether the petitioner has under-gone the surgery or like procedure for treatment of his eyes or not? If the petitioner's eye-sight has improved as a result of such procedure or surgical intervention, appropriate decision or petitioner's suitability shall be considered appropriately in accordance with law and/or norms. 9. Writ petition allowed - Medical Board to Enquire Whether Petitioner had undergone Surgery for treatment of his eyes.