This special appeal challenged the Single Judge's dismissal of a writ petition as grossly delayed. The High Court found no error in the single Judge's order, rejecting the argument that a successful suit by a similarly situated candidate justified the delay. The appeal was consequently dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 866/2021
Durga Prasad Saini S/o Bodu Ram Saini, Aged About 47 Years, R/o Garhtaknet, Tehsil Srimadhopur, District Sikar (Raj.)
----Appellant
Versus
----Respondents
Connected With
D.B. Special Appeal Writ No. 592/2021
Banwarilal Khyalia S/o Jalu Singh, Aged About 51 Years, R/o Renu Post Barich, Tehsil Laxmangarh District Sikar
----Appellant
Versus
----Respondents
(2 of 3)
[SAW-866/2021]
For Appellant(s) : Mr. Ravi Kant Sharma on behalf of Mr. Mukesh Bijarnia For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA
Judgment
20/11/2021
We have heard learned counsel for the appellants on merits though there are some defects in appeal. The defects in SAW No.592/2021 are waived.
D.B. Civil Misc.Application Nos.291/2021 and 227/2021 have been filed for condonation of delay though the appeals are within time. These are accordingly disposed of.
These appeals are filed to challenge the order dated 11/01/2021 passed by the learned Single Judge in Civil Writ Petition No.15026/2020.
The petitioners were initially selected and appointed on the public post. The entire selection was recalled by an order dated 05/07/2002 by which the present petitioners and six other persons who were earlier included in the selected list were not appointed. This order the petitioners had challenged by filing writ petition in the year 2020, which was dismissed by the learned Single Judge by the impugned order holding it to be grossly delayed. The learned Single Judge has noted that in the petition the petitioners have prayed for quashing of the order dated 05/07/2002 and relied on the judgment in the case of similarly situated candidates which was already rendered on 08/10/2015.
(3 of 3)
[SAW-866/2021]
We do not find that the learned Single Judge has committed any error. Learned counsel for the petitioners has vehemently contended that the said order dated 05/07/2002 was challenged by the other candidate and the petition was allowed. For two reasons on this ground, accordingly delay in filing the writ petition cannot be ignored. Firstly, the petitioners have to pursue their own remedy and could not wait for other similarly situated candidates to succeed before the court and then move to any proceedings. Secondly, even the writ petition of so-called similarly situated candidate was allowed in the year 2015, the petitioners could not have waited for five years thereafter to move their own petition.
In the result, the appeals are dismissed.
(REKHA BORANA),J
(AKIL KURESHI),CJ
ANIL KUMAR GOYAL / BM GANDHI-PS/7-8
2 issues framed by the court
Whether the High Court erred in dismissing appeals filed against the Single Judge's order dismissing an earlier writ petition as grossly delayed.
Whether reliance on the judgment in a case involving similarly situated candidates was sufficient to overcome the general bar on delayed litigation.
Durga Prasad Saini
Banwari Lal Khyalia
State Of Rajasthan
Akil Kureshi
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
