Rohit Deshpande vs Navodaya Vidyalaya Samiti & Anr.
2018 Latest Caselaw 52 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                Date of Decision: January 03, 2018
+     W.P.(C) 11689/2017 & C.M. 47442/2017

      ROHIT DESHPANDE                                    ..... Petitioner
                   Through:             Mr. Vibhakar Mishra, Advocate

                         Versus

      NAVODAYA VIDYALAYA SAMITI & ANR. .....Respondents
             Through: Mr. Ruchir Mishra, Mr. Mukesh Kumar
             Tiwari and Mr. Abhishek Rana, Advocates for
             respondents No.2

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                       JUDGMENT

ORAL

1. By way of this petition, rechecking of Paper No.3 of Post Graduate Teacher (Computer Science examination) held by Navodaya Vidyalya Samiti in the year 2009-10 is sought.

2. At the outset, this Court is constrained to observe that though this petition was drafted in February, 2014 but was lying under objections till December, 2017 and it was listed for hearing for the first time on 22 nd December, 2017 and at the request of counsel for petitioner, it was adjourned for today.

3. Supreme Court in Ashok Kumar Vs. District Magistrate, Basti & Anr. (2012) 3 SCC 311 has reiterated that a party, who has slept over his rights, is not entitled to the discretionary relief in exercise of writ

jurisdiction. Delay howsoever long can be condoned only when sufficient cause is shown. Unless satisfactory or reasonable explanation for delay is furnished, the delay cannot be condoned, in view of the pertinent observations made by the Supreme Court in Ashok Kumar (Supra). The instant case is hit by unexplained delay and laches and gross negligence, as petitioner had not resorted to rechecking or re-evaluation of the examination paper in question.

4. In the light of the aforesaid, this petition and application are dismissed in limine being hit by delay and laches.

SUNIL GAUR (JUDGE)

JANUARY 03, 2018 r