Rajasthan High Court - Jodhpur
Ashok Kumar vs State Of Rajasthan on 7 April, 2021
Bench: Indrajit Mahanty
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Review Application No.39/2020
in
D.B. Special Appeal (Writ) No.689/2019
Ashok Kumar s/o Shri Gemar Singh, aged about 24 years, R/o
Uttam Singh Ki Dhani, Balera, District Barmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through its Secretary, Home
Department, Jaipur.
2. Director General of Police, Jaipur.
3. Police Commissioner, Jodhpur.
4. The Superintendent of Police, Jalore.
5. The Inspector General of Police, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Ripudaman Singh
For Respondent(s) : Mr. Sandeep Shah, AAG
HON'BLE THE CHIEF JUSTICE INDRAJIT MAHANTY
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/04/2021
Civil Misc. Application No.01/2020:
For the reasons stated in the application, delay in filing the
review application is condoned.
The application is allowed accordingly.
Review Application No.39/2020:
The present application has been preferred seeking review of
the appellate order dated 09.07.2019 passed by this Court in a
batch of special appeals, the lead case being The State of
(2 of 3) [Review-39/2020]
Rajasthan & Ors. vs. Maldev Dewasi [D.B. Special Appeal
(Writ) No.537/2019].
Learned counsel for the review petitioner points out that
against the aforesaid appellate order dated 09.07.2019, some of
the respondents in D.B. Special Appeals (Writ) No.410/2019,
537/2019, 412/2019 and 468/2019 have approached the Hon'ble
Supreme Court by way of filing SLPs being Civil Appeal
Nos.661-664 of 2020, Special Leave Petition (Civil)
Nos.25492-25495 of 2019 [Rajesh Kumar etc. vs. State of
Rajasthan & Ors.] and the Hon'ble Supreme Court vide
judgment and order dated 24.01.2020 allowed the said SLPs with
the following findings and conclusions:
"6. We have heard Mr. Rishabh Sancheti, learned
counsel appearing on behalf of the appellants as well as
Dr. Manish Singhvi, learned senior counsel appearing
on behalf of the respondent-State of Rajasthan.
7. Dr. Manish Singhvi, learned Senior Counsel
appearing on behalf of the State of Rajasthan has
submitted that PET held on 15.10.2018, the appellants
have become successful. By the order dated
11.12.2019 this Court while considering the similar
cases and that some of the candidates have to travel
from a long distance of 200-300 kms of Districts like
Sirohi, Jalore and other districts and due to fatigue
they could not successful PET, the special leave
petitions nos. 20438/2019, 20439/2019, 20440/2019,
17145/2019, 12884/2019 and SLP(C)no. 15092 of
2019 preferred by the State of Rajasthan were
dismissed vide order dated 11.12.2019. The appellants
herein are also similarly situated as those of the
respondents in those SLPs.
8. Considering the fact that the appellants have
travelled a long distance of 160-240 kms and since
appellants are on par with the respondents in
SLP(C)Nos. 20438/2019 and batch in which this Court
has passed the order on 11.12.2019, the impugned
order of the High Court is set aside and the appeals
are, accordingly, allowed. The appellants be considered
for appointment as constables."
Hence, he has prayed that this judgment of the Hon'ble
Supreme Court also applies to the case of the present petitioner.
(3 of 3) [Review-39/2020]
Learned Additional Advocate General appearing for the State
has vehemently opposed the review petition and submitted that
for seeking the relief, the petitioner is required to approach the
Hon'ble Supreme Court.
Having heard learned counsel for the parties, we are of the
view that since the Hon'ble Supreme Court has already
adjudicated upon the impugned order and set aside the same, no
different outcome is possible. The petitioner cannot be asked to
approach the Supreme Court, as it will result in unnecessary
litigation and harassing the petitioner who is an unemployed youth
apart from burdening the Hon'ble Apex Court for a foregone
conclusion.
Accordingly, the review petition is allowed and it is directed
that the judgment and order passed by the Hon'ble Supreme
Court in Rajesh Kumar's case (supra) against the same impugned
order shall also apply to the case of the present petitioner and he
shall be entitled to the same relief as is given to Rajesh Kumar
and others by the Supreme Court.
(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ
C/1-MohitTak/-
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