- (1.) We have heard learned counsel appearing for the parties.
(2.) This Special Appeal is directed against the judgment of learned Single Judge, dated 09.02.2015, by which she has dismissed the writ petition after calling for the report of the Medical Board with regard to disability suffered by the appellant, and his suitability for efficient discharge of work as 'Patwari', considering his disability.
(3.) The appellant had applied for the post of 'Patwari' in pursuance to an advertisement dated 19.02.2013, inviting applications for the Direct Recruitment Patwari Competitive Examination, 2013, in the category of OBC. He had passed the written examination and was called for counselling with all the documents. An appointment order was issued on 08.01.2014, appointing him on the post of 'Patwari' on probation for a period of two years, with direction to join the training from 08.01.2014. The Officer-in-Charge Land Records, Ajmer, passed an order on 07.02.2014, directing the appellant to get himself medically examined from the Government Jawahar Lal Nehru Hospital, Ajmer. After examination, the Medical Board issued a certificate on 11.02.2014, assessing the disability of the appellant to the extent of 40% 'Component locomotor disability in right arm'. This certificate of disability should have satisfied the Officer-in-Charge, Land Records, Ajmer. He however issued a notice to the appellant on 23.04.2014 as to why his appointment may not be cancelled, having been found disabled to the extent of 40%. The appellant replied to the notice stating that the assessment of the Medical Jurist was not proper. On 14.08.2014, the District Collector, Ajmer, passed an order cancelling the appointment of the appellant as 'Patwari' on the ground that he was not fit to discharge his duties as 'Patwari'.;