Vishnu Khicher vs State Of Rajasthan
2021 Latest Caselaw 10277 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9026/2020

Vishnu Khicher S/o Amer Singh, Aged About 26 Years, Resident of Village 6 Dbn, Ward No. 63, Po Dardarpurabika, District Sriganganagar (Raj.).

----Petitioner Versus

1. State of Rajasthan, Through Its Secretary, Home Department, Jaipur.

2. The Director General of Police, Head Police Station, Jaipur.

3. The Superintendent of Police Cum Member Secretary of Selection Board of Constable Recruitment, Sirohi (Raj.)

4. Police Commissioner Cum Chairman Selection Board For Constable Recruitment, Jodhpur (Raj.).

----Respondents

For Petitioner(s) : Mr. CVS Shekhawat for Mr. Vineet R. Dave

JUSTICE DINESH MEHTA

Order

07/07/2021

1. By way of the present writ petition, petitioner has sought

direction to the respondent to issue appointment order to him in

furtherance of order dated 12.10.2018 passed by Coordinate

Bench of this Court in SBCWP No.16159/2018 filed by him.

2. Petitioner has approached this Court, with the plea that,

since he has cleared Physical Efficiency Test, the respondents be

directed to issue appointment order to him.

3. Indisputably, an appeal preferred by the State against the

aforementioned order was allowed by Division Bench of this Court

on 09.07.2019 in DBSAW No.465/2019.

(2 of 2) [CW-9026/2020]

4. Learned counsel however relies upon judgment of Hon'ble

the Supreme Court rendered in Rajesh Kumar Vs. State of

Rajasthan & Ors. (Civil Appeal No.661-664/2020) dated

24.01.2020, in which the above referred Division Bench judgment

dated 09.07.2019 has been reversed.

5. Admittedly, the SLPs were filed by other candidates out of

the bunch and the present petitioner did not prefer any appeal

before the Supreme Court challenging the Division Bench

judgment dated 09.07.2019.

6. This being the position, the petitioner's rights have attained

finality in light of the judgment of Division Bench. This Court thus,

cannot issue any direction contrary to adjudication made by

Division Bench on 09.07.2019.

7. The petitioner is required to prefer a Special Leave Petition

against the Division Bench judgment dated 09.07.2019, if so

desired.

8. At this stage, learned counsel for the petitioner seeks

permission to withdraw the present writ petition with liberty to

approach Hon'ble the Supreme Court against the judgment dated

09.07.2019 passed in DBSAW No.465/2019.

9. Permission granted.

10. Writ petition is dismissed with the liberty aforesaid.

11. Stay petition also stands dismissed accordingly.

(DINESH MEHTA),J 4-Amar/-

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