The Rajasthan High Court at Jodhpur has set aside the cancellation of a Village Development Officer’s appointment after authorities relied on a fresh medical assessment showing 30.5% disability, below the 40% benchmark prescribed for reservation.
Justice Mukesh Rajpurohit held that the employee, whose disability had earlier been certified at 50%, could not be removed through a simple administrative order without being given the medical report and an opportunity to explain the discrepancy.
Babu Ram had participated in the 2021 recruitment for Village Development Officer under the specially-abled category. The recruitment advertisement required candidates seeking reservation under the category to have at least 40% disability and produce a permanent disability certificate.
Babu Ram had a 2018 certificate from the competent medical authority recording 50% locomotor disability in his right lower limb. He was selected and appointed as Village Development Officer in April 2023. After his appointment, a three-doctor Medical Board at Government District Hospital, Sirohi, again assessed his disability at 50%. He subsequently completed probation and was confirmed in service.
The dispute arose after the Rajasthan government ordered re-examination of employees appointed under the specially-abled category. A Medical Board at Barmer assessed Babu Ram’s disability at 30.5% on April 10, 2026.
The District Establishment Committee then directed cancellation of his appointment. The Block Development Officer followed that direction and cancelled his appointment on July 7, 2026. The petitioner said he was neither given the medical report nor a show-cause notice before the order was passed.
Justice Rajpurohit noted that the later medical assessment did not, by itself, establish that the earlier 50% disability certificate was false or invalid.
“A mere variation between two medical assessments cannot, by itself, be treated as proof of fraud.”
The Court also noted that there was no allegation or finding that Babu Ram had committed fraud, fabricated documents, misrepresented facts or manipulated the disability certificate.
The Court further relied on the statutory framework under the Rights of Persons with Disabilities Act, 2016, observing that a disability certificate issued under the prescribed system could not simply be ignored by an administrative authority.
The High Court also found a violation of natural justice because the medical report forming the basis of the cancellation was never supplied to the petitioner, and he was not given an opportunity to explain the difference between the medical assessments.
Allowing the writ petition, the High Court quashed and set aside the July 7, 2026 order cancelling Babu Ram’s appointment.
The Court directed the authorities to permit him to resume and continue as Village Development Officer. It clarified that it had not given a final opinion on the correctness of the 30.5% assessment and left the authorities free to undertake lawful verification or proceedings after considering the earlier certificates and applicable law.
Any such proceedings, the Court said, must provide the petitioner with the material relied upon and a reasonable opportunity of hearing.
Case Title: Babu Ram S/o Shri Deva Ram v. State of Rajasthan & Ors.
Case Number: S.B. Civil Writ Petition No. 17812/2026
