Rajasthan High Court
Durga Prasad Saini S/O Bodu Ram ... vs State Of Rajasthan on 20 November, 2021
Bench: Akil Kureshi, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 866/2021
Durga Prasad Saini S/o Bodu Ram Saini, Aged About 47 Years,
R/o Garhtaknet, Tehsil Srimadhopur, District Sikar (Raj.)
----Appellant
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Department Of Panchayati Raj, Secretariat,
Jaipur (Raj.)
2. Additional Chief Secretary, Department Of Education,
Government Of Rajasthan, Secretariat, Jaipur (Raj.)
3. Chief Executive Officer, Zila Parishad, Sikar (Raj.)
4. Director, Elementary Education, Bikaner (Raj.)
5. District Education Officer, Elementary Education, Sikar
(Raj.)
6. Banwari Lal Khyalia S/o Jalu Singh, Aged About 51 Years,
R/o Renu Post Barich, Tehsil Laxmangarh, District Sikar
(Raj.)
----Respondents
Connected With
D.B. Special Appeal Writ No. 592/2021
Banwarilal Khyalia S/o Jalu Singh, Aged About 51 Years, R/o
Renu Post Barich, Tehsil Laxmangarh District Sikar
----Appellant
Versus
1. State Of Rajasthan, Through Additional Chief Secretary,
Department Of Panchayati Raj, Secretariat Jaipur
2. Additional Chief Secretary, Department Of Education
Government Of Rajasthan Secretariat Jaipur
3. Chief Executive Officer, Zila Parishad, Sikar
4. Director, Elementary Education, Bikaner
5. District Education Officer, Elementary Education, Sikar
6. Durga Prasad Saini S/o Bodu Ram Saini, Aged About 47
Years, R/o Garhtaknet, Tehsil Srimadhopur District Sikar
----Respondents
(2 of 3) [SAW-866/2021]
For Appellant(s) : Mr. Ravi Kant Sharma on behalf of
Mr. Mukesh Bijarnia
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
20/11/2021
We have heard learned counsel for the appellants on merits
though there are some defects in appeal. The defects in SAW
No.592/2021 are waived.
D.B. Civil Misc.Application Nos.291/2021 and 227/2021 have
been filed for condonation of delay though the appeals are within
time. These are accordingly disposed of.
These appeals are filed to challenge the order dated
11/01/2021 passed by the learned Single Judge in Civil Writ
Petition No.15026/2020.
The petitioners were initially selected and appointed on the
public post. The entire selection was recalled by an order dated
05/07/2002 by which the present petitioners and six other
persons who were earlier included in the selected list were not
appointed. This order the petitioners had challenged by filing writ
petition in the year 2020, which was dismissed by the learned
Single Judge by the impugned order holding it to be grossly
delayed. The learned Single Judge has noted that in the petition
the petitioners have prayed for quashing of the order dated
05/07/2002 and relied on the judgment in the case of similarly
situated candidates which was already rendered on 08/10/2015.
(3 of 3) [SAW-866/2021]
We do not find that the learned Single Judge has committed
any error. Learned counsel for the petitioners has vehemently
contended that the said order dated 05/07/2002 was challenged
by the other candidate and the petition was allowed. For two
reasons on this ground, accordingly delay in filing the writ petition
cannot be ignored. Firstly, the petitioners have to pursue their own
remedy and could not wait for other similarly situated candidates
to succeed before the court and then move to any proceedings.
Secondly, even the writ petition of so-called similarly situated
candidate was allowed in the year 2015, the petitioners could not
have waited for five years thereafter to move their own petition.
In the result, the appeals are dismissed.
(REKHA BORANA),J (AKIL KURESHI),CJ
ANIL KUMAR GOYAL / BM GANDHI-PS/7-8
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