This D.B. Special Appeal challenges the Single Judge's dismissal of a writ petition filed by an applicant denied Constable (GD) post due to category declaration issues. The High Court dismissed the appeal, finding no case for interference and agreeing with the lower court's view on delay and laches.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 87/2022
Suresh Kumar Gurjar S/o Shri Maliram Gurjar, Aged About 29 Years, Resident Of Village And Post Sirohi Via Chnadwaji, Tehsil Amer, District Jaipur, Rajasthan.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Himanshu Jain through VC For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN
Order
25/01/2022
This appeal is directed against the judgment of the learned Single Judge dated 26.11.2021. The appellant original petitioner had applied for selection to the post of Constable (GD) for which State authorities had issued advertisement on 14.7.2013. He had applied as an OBC category candidate. He however later on declared that he belonged to special backward class category. Since he had not changed his category in the form that he filed up despite chances being granted, his case was not considered according to his desire. He filed the present writ petition in which
(2 of 2)
[SAW-87/2022]
he had challenged the order dated 05.06.2015 passed by the department rejecting his representation which was made pursuant to an earlier order passed by this Court. The learned Single Judge dismissed the petition on delay and laches as well as on merits.
It was noticed that the writ petition was filed nearly three and half years after the disposal of the representation of the petitioner by the authorities and the petitioner had also not taken advantage of the chance given by the authorities to make any correction in the declaration of the category to which he belonged.
No case for interference is made out, we are in broad agreement with the view expressed by the learned Judge.
Appeal is dismissed.
(SAMEER JAIN),J
(AKIL KURESHI),CJ
BRIJ MOHAN GANDHI / 11
2 issues framed by the court
Whether the appeal against the dismissal of a writ petition regarding caste category correction in a recruitment application warrants interference.
Whether the delay in filing the petition constitutes laches barring relief.
Suresh Kumar Gurjar
State Of Rajasthan
Commissioner Of Police, Jaipur
Inspector General Of Police
Superintendent Of Police, Jaipur
Akil Kureshi
Sameer Jain
As recorded by the court registry
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