Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 1261 (RAJ)

Varsha Narwani v. State of Rajasthan

2019-04-26

ARUN BHANSALI

body2019
JUDGMENT 1. This writ petition has been filed by the petitioner seeking a direction to the respondents to consider the candidature of the petitioner for the post of Assistant Radiographer pursuant to the advertisement dated 25.05.2018 (Annex.-6). 2. It is indicated in the writ petition that the petitioner is 40% visually handicapped since her childhood. 3. It is inter alia indicated by the petitioner that the petitioner passed her Senior Secondary Examination in Science/Biology Stream in the year 2013 with first division marks, she was selected and given admission in three years bachelors degree in Radiation Technology in Rajasthan University of Health Sciences, Jaipur. 4. In the recruitment vide advertisement dated 25.05.2018 as the reservation for physically disabled candidates was confined for OL and HI, the petitioner applied as a general candidate. The petitioner based on her qualification stood in merit as general candidate and was called for document verification. However, in the final list issued by the respondents, name of the petitioner was not reflected. 5. In response to the writ petition, the State has produced document (Annex.-R/1) dated 03.08.2018, which pertains to the verification of physically disabled candidates, wherein the petitioners disability has been indicated as 40%. However, it appears that subjecting the petitioner to the said verification before the medical board pertaining to her disability was misplaced as the petitioner had not claimed reservation under the physically disabled category as her disability was not indicated for the purpose of reservation. 6. From the response to the writ petition, it appears that on account of petitioners physical disability i.e. 40% visual disability, she has been denied appointment. 7. Provisions of Rule 13 of the Rajasthan Medical & Health Subordinate Service Rules, 1965 reads as under:- " 13. Physical Fitness:- A candidate for direct recruitment to the Service, must be in good mental or bodily health and free from any mental or physical defect likely to interfere with the efficient performance of his duties as a member of service and if selected must produce a certificate to that effect from a Medical Authority notified by the Government for the purpose. The Appointing Authority may dispense with production of such certificate in the case of candidate promoted in the regular line of promotion, or who is already serving in connection with the affairs of the State if he has already been medically examined for the previous appointment and the essential standards of medical examination of the two posts held by him are to be comparable for efficient performance of duties of the new post and his age has not reduced his efficiency for the purpose." (emphasis supplied) 8. A perusal of the above reveals that a candidate for recruitment must be in good mental and bodily health and the defect, if any, must not be such which is likely to interfere with the performance of duties as a member of service. 9. Apparently, the fact as to whether the petitioners disability would interfere with the efficient performance of her duties, has not been examined at any stage and as already observed she has wrongly been subjected to the medical board for the purpose of assessing her physical disability, which is not in dispute. 10. In view of the fact that the petitioner has, despite her disability, acquired the requisite qualification i.e. graduation in radiation technology, the issue as to whether her disability would interfere with her efficient performance of her duties needs to be examined before coming to any conclusion pertaining to validity of rejection of petitioners candidature on account of lack of physical fitness. 11. In view of the above, it is considered appropriate to call for an expert opinion from a team of experts consisting of three Senior Members of the concerned Departments of Dr. Sampurnanand Medical College, Jodhpur (the Medical College). The team shall submit a report with respect to whether the petitioner with the kind of disability she is suffering, is fit to perform her duties as Assistant Radiographer. 12. A certified copy/web copy of this order be produced by the petitioner before the Principal, Medical College by 01.05.2019 and he would constitute an appropriate team and do the needful as directed hereinbefore. 13. The petitioner shall appear before the team of experts on 03.05.2019 at the time fixed by the Principal of the Medical College. 14. The report be produced in a sealed cover before this Court by 08.05.2019. 15. List the petition on 08.05.2019.