Rajasthan High Court - Jodhpur

Lalit Kumar Parasar vs State Of Rajasthan on 24 March, 2022

Bench: Arun Bhansali

(1 of 5) [CW-4284/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4284/2022

Lalit Kumar Parasar S/o Om Prakash Sharma, Aged About 50 Years, Thri Netra Bhawan, Valabh Nagar, Behind Shyam Mandir, New Mandi Road, Dausa, (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.

2. Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

3. Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.

4. The Director, Elementary Education, Directorate, Bikaner.

5. The Zila Parishad, Through Chief Executive Officer, Zila Parishad Jaisalmer.

                                                                      ----Respondents


For Petitioner(s)             :     Mr. Sukesh Bhati.
For Respondent(s)             :


             HON'BLE MR. JUSTICE ARUN BHANSALI
                            Order

24/03/2022

This writ petition has been filed by the petitioner on

15.3.2022 aggrieved against the orders dated 24.1.2004

(Annex.4) and 6.3.2019 (Annex.17) rejecting the candidature of

the petitioner for appointment on the post of Teacher Gr.III

(Level-I) pursuant to the advertisement dated 12.6.1998 and

seeking appointment on the post pursuant to the said

advertisement.

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In relation to the advertisement dated 12.6.1998, the

petitioner initially approached this Court by filing SBCWP

No.8766/2002, which came to be decided by order dated

2.12.2002, whereby, the Court directed the Director, Panchayati

Raj Department, to decide the representation of the petitioner.

The petitioner submitted the representation, which came to be

rejected by the Director, Primary Education, Rajasthan Bikaner, on

24.1.2004 inter alia on the ground that due to expiry of validity of

merit list and the fact that Supreme Court had confined the

directions in Kailash Chand Sharma v. State of Rajasthan & Ors.:

(2002) 6 SCC 562 to the candidates, who had approached the

Court on or before 18.11.1999 and the petitioner had approached

the Court in the year 2002, he was not entitled to any relief.

From the record, it appears that after rejection of the

representation of the petitioner on 24.1.2004, the petitioner did

not take any steps at that relevant time to question the validity of

the order dated 24.1.2004 and claims that as the material was

made available to him now, he became aware that the Education

Department could not have decided the representation, based on

which, he again approached the respondents and filed SBCWP

No.6903/2018, which petition came to be decided on 17.5.2018

requiring the respondents therein to again decide the

representation made by the petitioner.

When the order was not complied with, the petitioner filed

contempt petition. Whereafter, the order dated 6.3.2019

(Annex.17) came to be passed by the respondents again rejecting

the representation of the petitioner, based on which, contempt

petition came to be rejected on 17.1.2020 leaving it open for the

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petitioner to take his remedy against the dismissal of the

representation, qua which order, review petition filed by the

petitioner came to be rejected on 4.3.2020.

Learned counsel for the petitioner made submissions that

dismissal of petitioner's representation way back on 24.1.2004

was without jurisdiction as the same should have been decided by

the Secretary, Panchayati Raj Department and that even now the

representation which has been decided by the Education

Department on 6.3.2019 is also without jurisdiction.

I have considered the submissions made by learned counsel

for the petitioner and have perused the material available on

record.

Admittedly, the petitioner is seeking to raise grievance in

relation to recruitment which was initiated in the year 1998 i.e.

after over 24 years. Further, the representation was rejected in

the year 2004, qua which, writ petition has been filed after 18

years, prior to which, the petitioner had already approached this

Court in the year 2018 by filing the writ petition and impleading

the Education Department as party respondent to his writ petition

and when the representation was not decided within the time

granted by the Court, he filed contempt petition impleding the

officers of the Education Department as well, as party

respondents.

Ultimately, the representation came to be decided during

pendency of the contempt petition on 6.3.2019. The contempt

petition was decided on 17.1.2020 and the review petition came to

be decided on 4.3.2020. Even from the dismissal of the review

petition, the writ petition has been filed after two years.

(4 of 5) [CW-4284/2022]

From the above, it is apparent that the petitioner is seeking

relief qua the Recruitment-1998, representation decided in the

year 2004 and another representation decided in the year 2019.

Besides the above, the relief as claimed by the petitioner is

essentially not available to him as laid down by a Coordinate

Bench of this Court in State of Rajasthan & Ors. v. Ram Gopal

Jaga: D.B. Special Appeal Writ No.99/2019, decided on 7.2.2020,

wherein, writ petition filed claiming similar relief came to be

allowed by learned Single Judge, the Division Bench after

consideration of various judgments on the subject-matter i.e.

Kailash Chand Sharma v. State of Rajasthan & Ors.: (2002) 6 SCC

562, Manmohan Sharma v. State of Rajasthan & Ors.: (2014) 5

SCC 782 and State of Rajasthan v. Nemi Chand Mahela & Ors.:

2019 (2) WLC (SC) Civil 299, came to the following conclusion:-

"The private respondents in the special appeals were also not entitled to get any relief in the writ petitions filed by them as admittedly they did not approach this Court on or before 17.11.1999 as they filed writ petitions in the year 2002 onwards whereas the Hon'ble Supreme Court in the cases of Kailash Chand Sharma and Manmohan Sharma (supra) has categorically held that the candidates, who have approached the High Court after 18.11.1999, are not entitled to get any relief in terms of Kailash Chand Sharma's case (supra).

In view of the above discussions, we are of the view that the impugned judgment passed by the learned Single Judge is liable to be set aside and the writ petitions filed by the private respondents are deserves to be dismissed.

Resultantly, these special appeal writs are allowed, the impugned judgment dated 14.08.2018 passed by learned Single Judge is set aside and the

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writ petitions filed by the private respondents are dismissed."

The above aspect regarding the petitioner being not entitled

to relief in light of judgment in the case of Kailash Chand Sharma

(supra) has been categorically arrived at by the respondent -

authorities by their orders dated 24.1.2004 and 6.3.2019, which

aspects the petitioner has tried to avoid by raising other

immaterial issues.

This Court can also take judicial notice of the fact that the

recruitments for the post of Teacher Gr.III (Level-I), subsequent to

the Recruitment-1998, have been held many times over and,

therefore, the attempt sought to be made by the petitioner after

the representation was rightly rejected in the year 2004, based on

new unfounded basis, cannot be countenanced.