Dismissed

Hanuman Singh Rathore S/O Shri Hari Singh Rathore v. Director, Secondary Education

Rajasthan HC12 Apr 2022CW/5096/2019

Case brief

AI extract

What is this about?

In this S.B. Civil Writ Petition, the petitioner, having filed an appeal before the Rajasthan Civil Services Appellate Tribunal on the same grievance, sought a writ. The Court held that approaching two forums for the same relief amounts to impermissible forum shopping. Disagreeing with the petitioner's action, the Court dismissed the writ petition by following the Supreme Court's ruling on forum s

What the court decided

AI extract

Hanuman Singh Rathore S/O Shri Hari Singh Rathore… — Writ and Judicial Review | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 5096/2019

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Hanuman Singh Rathore S/o Shri Hari Singh Rathore, Aged About 60 Years, R/o Sangh Varchasv, Bhuanji Ka Mandir Marg, Near, M.d.s. Tiraha, Ajmer.

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----Petitioner

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Versus

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Director, Secondary Education, Rajasthan, Bikaner.

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Deputy Director, State Institute Of Educational Reserach And Training, 111, Saheli Marg, Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Manoj Sharma. Mr. Ram Niwas Meena. For Respondent(s) : Mr. Ganesh Meena, AAG.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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12/04/2022

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Admittedly, the petitioner has filed the appeal before the Rajasthan Civil Services Appellate Tribunal bearing No.90/2019 raising the same grievance as has been raised in the present petition.

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The Hon’ble Supreme in the matter of Union of India &

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Ors. Vs. Cipla Limited & Anr. reported in (2017) 5 SCC 262 in

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Para-148 has held as under;

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“148. A classic example of forum shopping is when a litigant approaches one Court for relief but does not get the desired relief and then approaches another Court for the same relief. This occurred in Rajiv Bhatia v. Govt. (NCT of Delhi). The respondent mother of a young child had filed a petition for a writ of habeas corpus in the Rajasthan High Court and apparently did not get the required relief from that Court. She then filed a petition in the Delhi High Court also

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(2 of 2)

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[CW-5096/2019]

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for a writ of habeas corpus and obtained the necessary relief. Notwithstanding this, this Court did not interfere with the order passed by the Delhi High Court for the reason that this Court ascertained the views of the child and found that she did not want to even talk to her adoptive parents and therefore the custody of the child granted by the Delhi High Court to the respondent mother was not interfered with. The decision of this Court is on its own facts, even though it is a classic case of forum shopping.”

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In my considered view, the petitioner cannot avail two parallel remedies at the same time and such act of the petitioner amounts to forum shopping which is not permissible as has been held by the Hon’ble Supreme Court in the matter of Union of

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India & Ors. (supra) .

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In that view of the matter, this writ petition stands dismissed.

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(INDERJEET SINGH),J

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MG/244

Hanuman Singh Rathore S/O Shri Hari Singh Rathore v. Director, Secondary Education

Case brief

What is this about?

What the court decided

Hanuman Singh Rathore S/O Shri Hari Singh Rathore v. Director, Secondary Education

Case brief

What is this about?

What the court decided

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