The High Court dismissed a writ petition filed by a failed PET candidate. The petitioner, having failed the test 3.5 months prior without raising any representation or grievance, sought re-conduct based on a recent judgment regarding delayed admission cards. The court held the petition was barred by delay and lack of earlier objection.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 16596/2018
Jayanti Lal S/o Sh. Ranchhoda Ram, Aged About 22 Years, Village Chimangar, Post Gong Raniwara, District Jalore.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. B.S. Tanwar. For Respondent(s) : Ms. Deepika Purohit for Mr. P.R. Singh, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI Order
25/10/2018
The writ petition has been filed by the petitioner seeking a direction to the respondents to re-conduct the Physical Efficiency Test (PET) qua the petitioner.
It is, inter-alia, indicated in the writ petition that the petitioner had participated in the PET for the post of Constable on 5/9/2018 held at Police Training Centre, Jodhpur, wherein, the petitioner had failed. Submissions have been made that as the admission cards were uploaded with delay, the petitioner got very little time and consequently failed.
A perusal of the writ petition indicates that same has been filed on 23/10/2018. The petitioner has, since the test was held on
(2 of 2)
[CW-16596/2018]
5/9/2018, wherein, he had failed, not filed any representation and/or raised any grievance and has apparently filed the present writ petition after the judgment of this Court in Rajesh Kumar & Anr. vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No. 13790/2018 decided on 6/10/2018.
This Court in a similar nature writ petition being Thawara Ram vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No. 16279/2018 & other connected matters decided on 22/10/2018, wherein also the petitioners had approached this Court belatedly i.e. without raising any objection with the respondents and merely inspired by the judgment of this Court in Rajesh Kumar (supra) inter alia laid down as under:
“The petitioners, if they were aggrieved against the action of the respondents in uploading the admission cards with delay and their failure, they had sufficient time to approach this Court, however, they chose not to approach this Court at the relevant hour and the matters have now come up before this Court after the PET pursuant to the directions issued by this Court is already over, the present petitioners are not entitled to grant of any relief on account of delay in approaching this Court and that also without raising any dispute at any point of time before filing of the writ petition, apparently having no grievance earlier and only inspired by the judgment in the case of Rajesh Kumar (supra), they are not entitled to any relief. Consequently, there is no substance in the writ petitions, and the same are, therefore, dismissed.”
The fact situation in the present writ petition is identical to the case of Thawara Ram (supra).
In view of the above, the writ petition filed by the petitioner has no substance and the same is, therefore, dismissed.
(ARUN BHANSALI),J
sumit-288
3 issues framed by the court
Whether a petitioner who failed a Physical Efficiency Test and filed a writ petition without raising any prior grievance, inspired by a subsequent judgment, is entitled to a direction for re-conduct o
Whether laches and delay in approaching the court disentitle an applicant from relief in a service recruitment matter.
Whether the facts of the present writ petition are analogous to the dismissed petition in Thawara Ram vs. State of Rajasthan.
Colour shows how this judgement treated each authority
Rajesh Kumar & Anr. vs. State of Rajasthan & Ors.Referred¶20
Rajesh Kumar & Anr. vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No. 13790/2018
Thawara Ram vs. State of Rajasthan & Ors.Distinguished¶21
Thawara Ram vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No. 16279/2018
Jayanti Lal
State Of Rajasthan
Director General Of Police
Police Commissioner-Cum-Chairman Selecton Board
Superintendent Of Police, District Chittorgarh
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
