Hemlata Vaishnav And Ors vs State And Ors
2022 Latest Caselaw 11174 Raj

Citation : 2022 Latest Caselaw 11174 Raj
Judgement Date : 7 September, 2022

Rajasthan High Court - Jodhpur

Hemlata Vaishnav And Ors vs State And Ors on 7 September, 2022

Bench: Rekha Borana

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 387/2016

1. Hemlata Vaishnav W/o Shri Ganesh Das Vaishnav, Aged about 36 years, R/o VPO Utharda, Tehsil Salumbar, District Udaipur, Rajasthan

2. Dhuli Kumari D/o Shri Naraji Meena, R/o VPO Saradi, Tehsil Salumbar, District Udaipur, Rajasthan.

3. Pushpa Guru D/o Nathulal Guru, R/o VPO Jetana, Tehsil Salumbar, District Udaipur, Rajasthan.

4. Laxman Lal Meena S/o Shri Dhanji Meena, R/o VPO Paroda, Post Kheda, Tehsil Salumbar, District Udaipur, Rajasthan.

5. Kanhaiya Lal Meena S/o Kaluji Meena, R/o VPO Palodara, Tehsil Sarada, District Udaipur, Rajasthan.

6. Basanti Lal Meena S/o Shri Hurji Meena, R/o VPO Intali, Tehsil Semari, District Udaipur, Rajasthan.

7. Kanta Kumari Meena W/o Shri Kalulal Meena, R/o VPO Katila, Post Mahuwada, Tehsil Sarada, District Udaipur, Rajasthan.

----Petitioners

Versus

1. State of Rajasthan through the Secretary, Panchayati Raj Department, Government of Rajasthan, Secretariat, Jaipur.

2. The Director, Primary Education, Education Department, Bikaner (Raj.)

3. The Chief Executive Officer, Zila Parishad, Udaipur.

4. The District Education Officer, Elementary Education, Udaipur.

----Respondents

For Petitioner(s) : Dr. Nupur Bhati with Mr. Vikram Singh Bhati & Ms. Anita Rajpurohit For Respondent(s) : Dr. Bhawna Jangid, Dy.G.C.

                                            (2 of 3)                    [CW-387/2016]


            HON'BLE MS. JUSTICE REKHA BORANA

                                    Order
07/09/2022

The present writ petition has been filed aggrieved against the

action of the respondent Departments in not considering the

candidature of the petitioners for the post of Prabodhak on the

ground that they did not possess the required academic

qualification on the last date of submission of application form.

The case of the petitioners is that the last date of submission

of application form was 20.06.2008 and the result of the

Supplementary examination of BSTC was declared on 25.09.2008

for which the petitioners cannot be held liable.

Per contra, learned counsel for the respondents relied upon

the judgment passed by this Court in the case of Raja Ram v.

The State of Rajasthan & Ors.; S.B. Civil Writ Petition

No.11905/2018, decided on 25.07.2022 wherein the bunch of

petitions were dismissed on the ground of delay and latches. In

Raja Ram's case (supra), this Court held as under:-

"It is clear on record that the present petitions have been filed in the year 2018/2021 without even challenging the earlier order of the year 2010 vide which the representations of the petitioners were rejected. The only ground stated in the present writ petitions is that similarly situated persons have been granted appointment and therefore, they should also be granted the same. It is clear on record that the appointment, if any, to any similarly situated employee had been granted way back in the year 2010 and the petitioners have prayed for similar treatment in the year 2018/2021. This Court cannot, in matters of recruitment, interfere after a gross delay of 8/11 years. Even if it is admitted that similarly situated employees were offered appointment, no such interference can be made in favour of the

(3 of 3) [CW-387/2016]

present petitioners on account of the delay caused in filing the present writ petitions.

The argument of the counsel for the respondents that the present petition cannot be entertained at this belated stage is found to be tenable as it is the settled proposition of law "that a person who chose to sit tight over his right and waited for any judgment to be passed in the case of other petitioners, cannot be held to be entitled for any relief."

This Court further held as under:-

"Moreover, the remaining vacant posts have already been abolished by the State Government and therefore, no direction can be issued by this Court for recreating the said posts again."

The present matter also pertains to the recruitment of the

year 2008 and the present writ petition has been filed in the year

2016. Therefore, the same is squarely covered by the ratio as laid

down in Raja Ram's case (supra).