Writ petition filed seeking a second opportunity for document verification to secure appointment as Community Health Officer. Court dismissed plea due to petitioner's negligence in failing to appear on the appointed date, exercising no extraordinary jurisdiction.
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 BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4337/2021
Dinesh Kumar S/o Shri Jagmal Singh, Aged About 47 Years, R/o V.p.o - Kalri, Tehsile - Rajgarh, District - Churu, Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Naveen Dhuwan For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
12/07/2021
This writ petition has been filed by the petitioner with the following prayers:-
“It is, therefore, humbly and most respectfully prayed that your lordships may very graciously be pleased to allow this Civil Writ Petition and kindly-
A. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to conduct document verification of the petitioner and thereafter consider the candidature of the petitioner for the post CHO in O.B.C-N.C. category. B. By appropriate writ order or directions in the nature thereof and thereby direct the
(2 of 3)
[CW-4337/2021]
respondents to include the name of the petitioner in O.B.C-N.C. Category in the final list, if the total marks of the petitioner comes out more than the cut off marks fixed for O.B.C.-N.C category.
C. Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner.”
In pursuance to the advertisement dated 31.08.2020, the petitioner applied for the post of Community Health Officer. The result of said examination was declared on 16.01.2021 and the petitioner along with other candidates was called for document verification by the respondent(s), however, petitioner failed to appear before the authorities for verification of his documents on the date fixed. Thereafter, final selection list was issued by the respondent(s) on 26.02.2021. The petitioner submitted a representation before the respondent(s) on 01.03.2021 for giving him appointment and calling him for his document verification.
Counsel for the petitioner submits that due to unavoidable circumstances, the petitioner could not appear before the authorities for his document verification, therefore, prayed that one more chance be given to the petitioner for his document verification.
Heard counsel for the petitioner and perused the record.
Admittedly, the petitioner has failed to appear before the authorities for his document verification on the date fixed and thereafter, the select list has been issued by the respondent(s). Therefore, in my considered view, the petitioner is estopped to challenge the select list and no further chance can be given to the petitioner as the petitioner himself was negligent in not submitting
(3 of 3)
[CW-4337/2021]
his documents before the authorities on the date fixed. Hence, I am not inclined to exercise the extraordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India.
Hence, this writ petition is dismissed.
(INDERJEET SINGH),J
CHARU SONI /66
2 issues framed by the court
Whether the petitioner is entitled to a second chance for document verification after failing to appear on the fixed date.
Whether the High Court should exercise discretionary jurisdiction to direct the respondents to include the petitioner in the selection list.
1 provisions across 1 enactments
Dinesh Kumar
The State Of Rajasthan, Through Principal Secretary, Medical And Health Deaprtment And Mission Director (Nhm)
The Special Secretary To Government, Medical Health And Family Welfare Department
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
