HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 238/2021
Shiv Kumar Sharma S/o Shri Jagan Nath Prasad Sharma, Aged
About 53 Years, R/o Village And Post Mandrail, District Karauli,
Rajasthan.
----Appellant
Versus
1. State Of Rajasthan Through Principal Secretary Education
Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2. Director, Secondary Education, Rajasthan, Bikaner
3. Dy. Director, Secondary Education, Kota Zone, Kota
----Respondents
For Appellant(s) : Mr. Shiv Kumar, appellant is present in person For Respondent(s) : Mr. Ganesh Meena, AAG HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Judgment 29/10/2021 Application under Section 5 of the Limitation Act is allowed for the reasons mentioned therein and the delay of 172 days in filing the appeal is condoned.
With the consent of learned counsel for the parties, the arguments have been heard and the appeal is being decided finally at this stage.
This appeal has been filed by the appellant challenging the order dated 9.7.2020 passed by the learned Single Judge, whereby the writ petition filed by the appellant has been dismissed.
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(2 of 4) [SAW-238/2021] Facts of the case are that on 9.8.1998, the respondents issued an advertisement for recruitment to the post of PTI Grade- II (Male). The respondents conducted the interview, but the appellant was not allowed to participate therein. He filed S.B. Civil Writ Petition No. 3168/2001 before the learned Single Judge, which was disposed of vide order dated 5.10.2006 in the light of the judgment dated 13.9.2000 passed by the Division Bench of this Court in the case of State of Rajasthan & Ors. Versus Hari Ram & 16 Ors. reported in 2001 (1) WLC (Raj.) 124. Thereafter the appellant filed S.B. Civil Contempt Petition No. 159/2007, which was dismissed vide order dated 11.2.2008. The appellant filed another contempt petition no. 10/2009, which also came to be dismissed vide order dated 12.1.2009. Thereafter in the year 2019, the appellant filed another S.B. Civil Writ Petition No. 15886/2019 before this Court, which came to be dismissed vide order dated 9.7.2020. Hence, this appeal has been filed.
The appellant who is present in person submits that he secured more marks than the last candidate selected by the respondents. He further submits that he submitted his application form, but the respondents denied to have received the same vide order dated 21.7.2007.
On the other hand, learned AAG appearing for the State has opposed the same and submits that the matter pertains to the recruitment of the year 1998. Twice the appellant filed contempt petitions, which were dismissed in the year 2008 and 2009 respectively. After about 10 years, the appellant filed the second writ petition in the year 2019. The selection process has already been over, hence no interference is required by this Court in the order passed by the learned Single Judge. (Downloaded on 29/10/2021 at 10:41:06 PM)
(3 of 4) [SAW-238/2021]
Heard. Considered.
In the writ petition, the appellant prayed the following relief:
"i) By an appropriate writ, order or direction, the respondents may kindly be directed to give appointment to the petitioner on the post of PTI Grade-II by adding the marks of Sports Certificate as well as experience of the petitioner pursuant to the recruitment of year 1998-99 with all consequential benefits.
ii) Any other order which this Hon'ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner."
It is an admitted fact that vide order dated 21.7.2007 the respondents denied to have received the application form of the appellant, but the said order was not challenged by the appellant in the writ petition, as is evident from the prayers quoted above. It is also an admitted fact that the previous writ petition filed by the appellant was disposed of in the year 2006. Thereafter twice the appellant filed contempt petitions, which were dismissed in the year 2008 and 2009 respectively. After about 10 years, in the year 2019 he filed another writ petition, which came to be dismissed vide order dated 9.7.2020.
The learned Single Judge while dismissing the writ petition rightly observed that recruitment in question relates to the year 1998-99, whereas the petitioner filed the writ petition seeking appointment on the post of PTI Grade-II in the year 2019 i.e. after a delay of 20 years.
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(4 of 4) [SAW-238/2021] We are in agreement with the observations made by the learned Single Judge.
Thus, we find no force in this appeal and the same being bereft of any merit is liable to be dismissed, which stands dismissed accordingly.
Consequent upon the dismissal of the appeal, the stay application also stands dismissed accordingly. (VINOD KUMAR BHARWANI),J (PRAKASH GUPTA),J DK/20 (Downloaded on 29/10/2021 at 10:41:06 PM) Powered by TCPDF (www.tcpdf.org)