Rajasthan Public Service ... vs Ramesh Patel
2022 Latest Caselaw 7090 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 1490/2018

Rajasthan Public Service Commission through its Secretary, Ajmer.

----Appellant Versus Ramesh Patel S/o Shri Magan Lal, aged about 22 years, resident of V.P.O. Karoli, Tehsil Bichhiwara, District Dungarpur.

                                                                    ----Respondent


   For Appellant(s)          :     Mr. G.R. Punia, Sr. Adv. assisted by
                                   Mr. Jai Naveen
   For Respondent(s)         :

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI

Order

12/05/2022

Heard.

Perused the record and the affidavit filed alongwith paper

publication by which notice was published in the newspaper.

After going through the affidavit and advertisement, we

record our satisfaction that the respondent has been served by

substitute service but despite service of notice, no one present to

oppose the appeal.

The appeal is reported to be barred by 41 days.

As no one appears to oppose the application and after having

perused the application under Section 5 of the Limitation Act, we

are of the opinion that the appellant was prevented from filing the

appeal within limitation for sufficient cause. Therefore, the

(2 of 2) [SAW-1490/2018]

application is accordingly allowed. Delay in filing the appeal is

condoned.

Learned counsel appearing for the appellant submits that

controversy involved in the instant appeal stands covered by a

Bench decision of this Court dated 10.04.2018 rendered in

D.B.S.A.W No.198/2018 (Piyush Kavia & Ors. Vs. The RPSC &

Ors.), whereby the decision rendered by learned Single Judge in

SBCWP No.4440/2017 (Sajjan Singh Vs. State of Rajasthan &

Ors., decided on 24.11.2017), relied upon by the learned Single

Judge while allowing writ petition, stands set aside.

Learned counsel for the appellant has further relied upon two

other decisions on the same issue in the cases of Rajasthan Public

Service Commission through its Secretary, Ajmer Vs. Hitesh Kalal

(D.B. SAW No.613/2019, decided on 11.11.2021) and Rajasthan

Public Service Commission through its Secretary, Ajmer Vs. Ishwar

Singh & Anr. (D.B. SAW No.980/2018, decided on 10.12.2018)

which were also on the same issue.

In this view of the matter, the Special Appeal is also allowed

in the light of Bench decision of this Court in the case of Piyush

Kavia (supra). The judgment under appeal is set aside.

(FARJAND ALI),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

21-Hanuman/Bharti-

Powered by TCPDF (www.tcpdf.org)