Dismissed

Jitendra Kumar Prasad v. The East Central Railway and Ors.

Patna HC23 Jan 2023CWJC/20378/2013

Case brief

AI extract

What is this about?

The petitioner sought appointment as a constable, claiming an appointment order of 2006 was withdrawn due to shaky educational qualifications. The single-judge Bench dismissed the writ petition, holding that the petition suffered from gross laches, delay of seven years, and failure to prove qualifications recognized, rendering the appointment directed more than 15 years after impugned events impos

What did the court decide?

The writ petition was dismissed for gross laches and delay.

Jitendra Kumar Prasad Vs The East Central Railway and… — Service and Employment | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20378 of 2013

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======================================================

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Jitendra Kumar Prasad Son Of Sri Ram Ayodhya Prasad Resident Of Village Pachrukhya , P.S Kopa District Chapra

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... ... Petitioner/s

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Versus

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The East Central Railway and Ors

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The Dy.Chief Security Commissioner Railway Protection Force Railway East Central , Hajipur

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The Additional Chief Security Commissioner, Railway Protection, Forces East Central Railway, Hajipu

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv. For the Respondent/s : Mr. Sujeet Kumar Sahi, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL ORDER

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2 23-01-2023

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The petitioner prefers this writ petition, praying for allowing him to join on the post of constable in terms of appointment order dated 16.12.2006.

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Learned counsel for the petitioner submits that the order passed on 16.12.2006 was withdrawn and the petitioner was conveyed vide letter dated 19.12.2008 that his appointment has been withheld on account of his educational qualifications which were examined by the superior authority.

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Learned counsel for the petitioner submits that the petitioner has passed from Hindi Sahitya Samellan, Deoghar and the same ought to be considered as duly qualified .

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I have considered the submission, the petitioner in

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Patna High Court CWJC No.20378 of 2013(2) dt.23-01-2023 2/2

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his writ petition has not challenged the order dated 19.12.2008. Even the appointment order issued to him was on 16.12.2006 and the writ petition has been preferred in 2013 and for seven years, he has not explained as to why he did not seek redressal of his grievance. Now, another candidates have passed by since filing of the writ petition and after more than 15 years, no direction can possibly be issued for appointing the petitioner on the post of constable more so as the qualifications required by the petitioner are in a cloud of doubt and the petitioner has not been able to prove that the qualifications are duly recognized.

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The writ petition suffers from gross latches and delay and is accordingly dismissed.

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(Sanjeev Prakash Sharma, J)

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Suraj/Item No. 55

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Jitendra Kumar Prasad v. The East Central Railway and Ors.

Case brief

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Jitendra Kumar Prasad v. The East Central Railway and Ors.

Case brief

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