Facts
The respondent was selected for the post of Compounder/Nurse Junior Grade, but his selection was cancelled after the State’s examination reportedly found disability in both legs.
Source reference: no citationThe recruitment condition made candidates with disability exceeding 40% in one leg eligible.
Source reference: para. 13The respondent produced a certificate showing 50% disability in his left lower limb; on the Single Bench’s directions, an AIIMS Jodhpur Medical Board examined him twice and reported 70% disability in the left lower limb and no disability in the right leg
Source reference: paras. 6–9, 13The Single Bench allowed his writ petition and directed the State to offer him appointment.
Source reference: paras. 1, 5The State appealed after 112 days, seeking condonation of delay
Source reference: paras. 1, 5Issues
Whether the 112-day delay in filing the appeal should be condoned
Source reference: paras. 1–3Whether the Single Bench was justified in relying on the unchallenged AIIMS Medical Board reports to find the respondent eligible under the recruitment condition
Source reference: paras. 7–10, 13–15Whether the State’s reliance on State of Uttar Pradesh v. Ravindra Kumar Sharma, (2016) 4 SCC 791, warranted setting aside the Single Bench’s order
Source reference: paras. 10, 15Law Applied
Section 5 of the Limitation Act permits the court to condone delay for sufficient cause; the court allowed the application on the reasons stated in it, which the respondent did not oppose.
Source reference: paras. 1–3Under the recruitment condition set out in the judgment, a candidate with disability exceeding 40% in one leg was eligible for the post.
Source reference: para. 13The State relied on State of Uttar Pradesh v. Ravindra Kumar Sharma, (2016) 4 SCC 791, in support of its contention that the State examination report was final; however, the Court held that precedent inapplicable to the facts of this case.
Source reference: paras. 10, 15Reasoning
The AIIMS Medical Board examined the respondent on two occasions and consistently assessed 70% locomotor disability in the left lower limb, with no disability in the right lower limb.
Source reference: paras. 8, 13The State did not challenge those reports, and the Court found no basis to treat them as false or fabricated.
Source reference: para. 14Applying the recruitment condition to those findings, the respondent met the eligibility requirement.
Source reference: no citationThe Court therefore found that the Single Bench had properly relied on the AIIMS reports and that the precedent cited by the State did not alter the result.
Source reference: paras. 14–15Holding
The Court condoned the 112-day delay
but dismissed the appeal as devoid of force.
Source reference: para. 16It upheld the Single Bench’s direction to offer the respondent appointment as Compounder/Nurse Junior Grade.
Source reference: paras. 5, 14, 16Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Limitation Act, 19631
Original Court PDF
STATE OF RAJASTHANvsMUKESH KUMAR MEENA (APPLICATION ID- 202439498342)
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