Rajasthan High Court
Ambika D/O Bhim Singh vs Principal Secretary For Rural ... on 2 August, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7207/2021
Ambika D/o Bhim Singh, Aged About 33 Years, R/o House No.
189, Village- Angasar, Post- Abusar, Jhunjhunu-333001,
Rajasthan.
----Petitioner
Versus
1. Principal Secretary For Rural Development And Panchayati
Raj Department, State Of Rajasthan Secretariat Shasan
Sachivalaya, Vikas Khand, Bhagwan Das Rd, Jaipur,
Rajasthan 302005.
2. Secretary Of Elementary Education, State Of Rajathan,
Jawahar Lal Nehru Marg, Malviya Nagar, Jaipur, Rajasthan
302017
3. Secretary Of Department Of Elementary Education,
Samta Nagar, Bikaner, Rajasthan 334001.
4. Chief Executive Office, Jila Parishad, Civil Lines, Churu,
Rajasthan 331001, India.
5. Deo Elementary, Civil Lines, Churu Rajasthan 331001.
----Respondents
For Petitioner(s) : Mr. Gautam Bhadadra
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
02/08/2021
This writ petition has been filed by the petitioner with the
following prayers:-
"(a) Issue a writ in the
nature of We Command or
any other suitable writ in
the facts and circumstances
for giving the appointment.
(b) Direct the Respondent
No.1 to 5 to pass any other
(2 of 4) [CW-7207/2021]
order or direction as this
Hon'ble Court deem fit and
proper in the facts and
circumstances of the
present case.
(c) Pass any other
appropriate order or
directions as may be
deemed fit and proper in
the facts and circumstances
of the case, in favour of the
petitioner and in the
interest of justice."
The petitioner, in pursuance to the advertisement dated
24.02.2012 issued by the respondents, applied for the post of
IInd Level (Class VI-VIII) IIIrd Grade Teacher. After holding
examination, the result of the selected candidates was declared by
the respondents on 09.09.2012, thereafter, revised result was also
issued by the respondents, according to the petitioner, in the
month of August, 2016 and challenging her non-selection even in
the revised list, the present writ petition has been filed by the
petitioner in the year 2021, after almost a delay of five years.
Counsel for the petitioner submits that in similar
circumstances, the writ petition filed on behalf of the other
candidate, namely, Mukesh Kumar Tailor, bearing S.B. Civil Writ
Petition No.750/2017 was decided by the Co-ordinate Bench of
this Court at Principal Seat, Jodhpur vide order dated 09.02.2017,
whereby following directions were issued:-
"a.The respondent-State shall
workout the vacancies in each of
the Zila Parishads as
expeditiously as possible.
Thereafter, the list shall be
prepared of the candidates who
have got more marks than the
last candidate still working with
the department in pursuance to
the directions of this Court
(3 of 4) [CW-7207/2021]
passed in Manju Choudhary's
case (supra).
b. Thereafter, the candidates as
per the ratio of 1:2 of the
vacancies available shall be
called for the verification of the
documents and the
appointments shall be given to
such like eligible candidates as
per their merit equivalent to the
vacancies available with the
department.
c.This Court is aware that some
of the candidates are bound to
be left out even though they
have got more marks than the
last candidate but taking into
account the limited number of
vacancies, the said candidates
shall have to try their luck in the
next recruitment process afresh.
d.The said process be completed
as expeditiously as possible
preferably within 06 months
from today."
Counsel further submits that the petitioner is entitled for the
same relief as has been granted to the candidate Mukesh Kumar
Tailor in the judgment (supra).
Heard counsel for the petitioner and perused the record.
This writ petition filed by the petitioner deserves to be
dismissed for the reasons; firstly, after declaring the revised result
by the respondents in the year 2016, the petitioner has filed the
present writ petition in the year 2021, after a delay of 5 years,
secondly, the judgment passed by the Co-ordinate Bench of this
Court at Principal Seat, Jodhpur in the matter of Mukesh Kumar
Tailor will not help the petitioner as the courts help the vigilant
persons and not the negligent persons. Like the present
petitioners as admittedly, the writ petition filed by the similarly
situated person-Mukesh Kumar Tailor was decided in year 2017
(4 of 4) [CW-7207/2021]
and the present writ petition has been filed by the petitioner after
a delay of 4 years of passing of the judgment in the matter of
Mukesh Kumar Tailor (supra) and lastly, in the facts and
circumstances of the case, I am not inclined to exercise the
extraordinary jurisdiction of this Court under Article 226 of the
Constitution of India.
Hence, this writ petition is dismissed.
(INDERJEET SINGH),J
CHARU SONI /162
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