The High Court dismissed the writ petition relying on a prior judgment (Komal Sukhwal) which held that no effective relief could be granted as the recruitment vacancies for the year 2011 had been filled long ago.
The writ petition and all pending applications were dismissed.
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 Petition No. 7305/2012
Dinesh Paliwal and Ors.
----Petitioners
Versus
State Medical and Health and Ors.
----Respondents
For Petitioner(s) : Mr. Naresh Singh for Mr. Rakesh Arora For Respondent(s) : Mr. Dinesh Chandra Mali
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/07/2022
Learned counsels for the parties are ad-idem on the fact that the controversy in question rests covered by the judgment passed in Komal Sukhwal Vs. State of Rajasthan & Ors. (S.B.C.W.P. No.7306/2012) decided on 04.04.2022.
In Komal Sukhwal’s case (supra) , the Court observed as
under :
“The present writ petition has been preferred by the petitioner challenging the action of the respondents in not including her name for appointment on the post of Pharmacist qua the notification dated 26.11.2011. The main relief prayed for in the present petition is that the reserved category of SC/ST/OBC women be not given the benefit of 30% women quota and further the respondents be directed to prepare the merit list afresh by not including the reserved category in the quota of 30% women.
A stay application in the present writ petition was also preferred by the petitioner which was rejected on 06.01.2015.
An application has now been moved on behalf of respondent No. 3 with a submission
(2 of 2)
[CW-7305/2012]
that the vacancies for present recruitment have been filled up way back. It has further been submitted that the selected candidates have not been impleaded as party respondents in the present petition and therefore no effective relief can even otherwise be granted to the petitioner without selected candidates being heard.
No reply to the said application has been filed by the petitioner. It has rather been conceded by counsel for the petitioner that no effective relief can be granted to the petitioner at this stage.
In view of the submissions made in the application by the respondents, it is clear that the issue pertains to recruitment for the year 2011 and the seats have been filled up way back. No application to implead the selected candidates has been moved by the petitioner and therefore, it is clear on record that no effective relief can now be granted to the petitioner.
In view of the above submissions, due to efflux of time the present writ petition is dismissed.”
In view of the judgment as passed in Komal Sukhwal’s case (supra) , the present writ petition is also dismissed.
All the pending applications also stand disposed of.
(REKHA BORANA),J
15-AnilKC/-
1 issue framed by the court
Whether the present writ petition can be granted effective relief given that the recruitment seats have been filled up.
Colour shows how this judgement treated each authority
Komal Sukhwal Vs. State of Rajasthan & Ors.Followed¶13
Komal Sukhwal Vs. State of Rajasthan & Ors. (S.B.C.W.P. No.7306/2012)
Dinesh Paliwal and Ors.
State Medical and Health and Ors.
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
