In S.B. Civil Misc. Appl. No.10/2015, the High Court of Rajasthan addressed an application seeking recall of an order in a writ petition concerning a computer speed and efficiency test. The court examined objections regarding the answer sheet and rejected the prayer for recall.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL MISC. APPL. NO.10/2015 IN
S.B. CIVIL WRIT PETITION NO.11642/2014 Veerendra Kumar Parashar vs. Registrar General, Rajasthan High Court, Jodhpur & Ors.
**HON'BLE MR. JUSTICE MOHAMMAD RAFIQ *********
Shri Umashanker Pandey for the petitioner
This application has been filed by the
petitioner with the prayer that the order passed by this Court dated 5.11.2014 be recalled and the writ petition may be decided afresh by calling the entire record of the computer speed and efficiency test from the respondent no.3.
This court by judgment dated 5.11.2014 while taking note of the grievance of the petitioner required him to approach respondent no.3‐District & Sessions Judge, Bundi by way of a representation, who after verifying the facts stated in the petition that so far his merit position and cut off marks has not been informed to him and there are still two vacancies lying vacant in general quota, was required to decide the representation by speaking order within six weeks.
Learned counsel for the petitioner submits
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that answer sheet that was made available to the petitioner for inspection pertained to some other candidate and not of the petitioner. The respondent no.3 has not given any satisfactory answer on the objections of the petitioner.
Whatever the petitioner is referring subsequent to the filing of the representation, gives rise to the fresh cause of action, therefore, there is no justification for recalling of the order passed by this Court deciding the earlier writ petition filed by the petitioner. If the petitioner still feels aggrieved by the action of the respondents, he if so advised, may file fresh writ petition.
No case is made out for recalling the order dated 5.11.2014. The misc. application is dismissed with that liberty.
(Mohammad Rafiq),J.
RS/15
All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)
2 issues framed by the court
Whether the order dated 5.11.2014 in the earlier writ petition should be recalled and the matter decided afresh based on new objections regarding the answer sheet.
Whether the grievance communicated to the District & Sessions Judge constitutes a fresh cause of action justifying recall of the previous order.
Veerendra Kumar Parashar
Registrar General, Rajasthan High Court, Jodhpur
District & Sessions Judge, Bundi
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
