Dr. Beena Mathur W/O Shri Brijesh Mathur vs The Management Committee ...
2023 Latest Caselaw 6724 Raj/2

Rajasthan High Court

Dr. Beena Mathur W/O Shri Brijesh Mathur vs The Management Committee ... on 13 December, 2023

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2023:RJ-JP:39386]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13722/2020
Dr. Beena Mathur W/o Shri Brijesh Mathur, Aged About 64 Years,
R/o- A-16, Mansarovar Colony, Vaishali Nagar, Ajmer- Rajasthan
                                                                    ----Petitioner
                                    Versus
1.       The Management Committee, D.a.v College Managing
         Committee Through Its Secretary, Mandi Market, Chitra
         Gupta Marg, New Delhi-110055.
2.       D.a.v. College, Ajmer, Through Principal, D.a.v College,
         Beawar Road, Ajmer.
3.       State Of Rajasthan, Through Principal Secretary, College
         Education, Jaipur, Rajasthan
4.       The Director College Education, Government Of Rajasthan
         Shiksha Sankul, J.l.n Marg, Jaipur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Rajat Choudhary &
                                Mr. Himanshu Kala for
                                Mr. Ajatshatru Mina
For Respondent(s)         :     Ms. Naina Saraf



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                          Judgment / Order

13/12/2023

1.    Counsel appearing for the petitioner fairly submits that the

issue involved in the present writ petition has already been put to

rest by the co-ordinate Bench of this Court in S.B. Civil Writ

Petition No. 2655/2021; Dr. Deepak T. Bijlani Vs. The

Management Committee D.A.V. College and Ors. with other

connected petitions, decided on 12.05.2023.

2.    Counsel appearing for the respondent does not dispute the

fact as stated by counsel for the petitioner.

3. The Co-ordinate Bench of this Court in case of Dr. Deepak

T. Bijlani (supra) has observed as under:-

[2023:RJ-JP:39386] (2 of 2) [CW-13722/2020]

"8. It appears that petitioners were satisfied with the aforesaid order dated 21.08.2019 and they were sleeping till the year 2021 and all of sudden they woke up after a lapse of more than five years from the date of passing of the judgment dated 24.10.2016 by the Tribunal and approached this Court concealing all these material facts with the prayer to issue directions to the respondents to make the payment of interest @ 10% per annum as per Section 7 of the Act of 1972.

9. The law is well settled in this regard that the platform of the Court cannot be used or utilized in a leisure form. If at all the petitioners were aggrieved by the impugned judgment dated 24.10.2016, they could have assailed the said judgment immediately, but they kept silence for almost about five years and now without giving any explanation of the inordinate delay of five years and without disclosing the material facts, they have approached this Court. The petitioners have not approached this Court with clean hands and they are estopped by their statements made in writ petition No. 8592/2019.

10. In view of the discussions made hereinabove, all writ petitions stand dismissed."

4. In view of the submissions made by counsel for the parties

and the observations made by the co-ordinate Bench of this Court

in case of Dr. Deepak T. Bijlani (supra) the present petition is also

dismissed having no merit.

5. Since the main petition has been dismissed, the stay

application and all pending application/s, if any, also stand

dismissed.

(GANESH RAM MEENA),J DIVYA SAINI /78

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