Rajasthan High Court
Ramavtar Sharma Andors vs State Panchayati Raj Dep Ors on 21 July, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6021/2015
1. Ramavtar Sharma son of Shri teekaram Sharma aged about
38 years, resident of Fajiyatpura Kanchanpur, Bari (Dholpur)
2. Ramakant Katara son of Shri Radhey Shyam Katara aged
about 41 years, resident of village Magrol (Maniya) Dholpur
3. Pavan Kumar Sharma son of Shri Ramniwas Sharma aged
about 41 years, resident of Bhamatipura Dholpur
4. Indubala D/o Shri Bhola Ram dixit W/o anand Parasar aged
about 43 years, resident of Bhamatipura Dholpur
5. Vishnu Prasad Sharma son Shri Ramcharan Lal Sharma aged
about 42 years, resident of Anand Bhaan , Viraharoo Pada,
Sarmathura Tehsil Sarmathura district Dholpur
Petitioners
Versus
1. State of Rajasthan through its Principal Secretary, panchayati
Raj. Department, Government of Rajasthan, Government
Secretariat, jaipur.
2. Secretary, Elementary Education, Govt of Rajasthan,
government Secretariat , Jaipur.
3. Director, Elementary Education, Government of rajasthan,
Bikaner.
4. District Education Officer (Elementary) ,Dholpur (Rajasthan)
For Petitioner(s) : Mr. Rajendra Soni with Mr. Mohit Soni.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
21/07/2022
This writ petition has been filed by the petitioners with the
following prayer:-
"It is, therefore, most respectfully, prayed
that this Hon'ble Court be pleased to call
for the entire record relating to this case
(2 of 3) [CW-6021/2015]
and after perusing the same may be
pleased to accept and allow this writ
petition, and :-
I) By issuing an appropriate writ, order or
direction the action of respondents in not
considering the petitioners general
category candidates against posts of
Prabodhaks remained vacant due to non-
availability of SC/ST candidates inspite of
notice for demand of justice dated
10.12.2014 against advertisement dated
31.5.2008 and the petitioners be
considered and appointed against
advertisement dated 31.5.2008 on the post
of Prabodhak against remaining vacant
posts remained vacant due to non-
availability of SC/St candidate with all
consequential benefits from the dates of
other persons has so been appointed by
following the law laid down by this Hon'ble
court in case of Dr. Abhishek Goyal Vs.
State of Rajasthan and others (SBCWO No.
9015/2009) decided on 18.1.2012.
ii) By issuing an another writ, order or
direction any rule, order or circular which
prohibit for appointment dated 31.5.2008
against the vacant posts remained vacate
due to non-availability of SC/St category
persons be declared illegal, arbitrary and
violation of article 14 and 16 of the
Constitution of India and the petitioners be
considered for appointment on the vacant
post of SC/St category.
iii) Any other appropriate writ, order or
direction which this Hon'ble Courts may
deems think fit and proper be pass in
favour of the petitioners.
iv) Costs of the writ petition may kindly be
awarded in favour of the petitioners."
By way of this writ petition, the petitioners have prayed for
appointment on the post of Prabodhak in pursuance to the
advertisement dated 31.05.2008 issued by the respondents.
Counsel for the petitioners submitted that the process for
giving appointments continued till the year 2015 and the
petitioners were awaiting for their appointment. Counsel further
submits that the petitioners have filed this writ petition on the
(3 of 3) [CW-6021/2015]
basis of certain judgments passed by this court which have been
mentioned in the writ petition.
Heard counsel for the petitioner and perused the record.
The advertisement in question relates to the year 2008 and
the petitioners have filed this writ petition in the year 2015 after a
delay of seven years, therefore, in the facts and circumstances of
the present case, no relief can be granted to the petitioners at this
belated stage.
In that view of the matter, this writ petition is dismissed on
the ground of delay and laches.
(INDERJEET SINGH),J
MG/53
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