This order dismisses a writ petition filed by a petitioner seeking confirmation of a teaching appointment from a 1998 advertisement. Rejecting the explanation of continuous representation filing, the court held the claim was barred by delay and laches.
The writ petition is dismissed on the ground of delay and laches.
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[2023:RJ-JD:30471]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 3291/2023
Ujjawal Joshi S/o Bhagwati Prasad Joshi, Aged About 48 Years, R/o.Gali No. 1, Rathi Talai, District Banswara.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Lokesh Mathur with Mr. Binjaram Jajra
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
19/09/2023
Heard learned counsel for the petitioner.
The present writ petition has been filed challenging the order dated 10.11.2022 (Annex.16), whereby the representation filed by the petitioner has been rejected by the respondents.
Briefly noted the facts of the present case are that the petitioner being eligible applied for the post of Teacher Gr.III in pursuance of the advertisement issued by the respondents in the year 1998.
[2023:RJ-JD:30471]
[CW-3291/2023]
(2 of 3)
Learned counsel for the petitioner submits that since candidature of the petitioner was not favourably considered, therefore, he filed number of representations to the respondents, however, no heed was paid. He further submits that in pursuance of certain directions issued by the Hon’ble Apex Court in the year 2012, certain persons who were lower in merit to the petitioner, were given appointment. Thus, the petitioner again filed representation, however, the respondents did not grant appointment to the petitioner. Learned counsel for the petitioner submits that since the relief was not granted to the petitioner, he kept on filing the representations to the respondents and the respondents finally vide order dated 10.11.2022 has rejected his representation for appointment on the post of Teacher Gr.III in pursuance of the advertisement issued in the year 1998.
I have considered the submissions made at the Bar and I have gone through the relevant record of the case.
The chronology of event clearly goes to show that the petitioner has approached this Court in the year 2023 for consideration of his case for appointment on the post of Teacher Gr.III in pursuance of the advertisement issued in the year 1998. Although the petitioner has tried to defend the delay on account of the fact that he kept on filing the representation to the respondents, however, no plausible explanation has been given for not approaching this Court in time for redressal of his grievances even after the persons, who were lower in merit, were appointed in pursuance of the judgment of the Hon’ble Supreme Court.
In the considered opinion of this Court, the petitioner slept over his right for all these years without any plausible explanation.
[2023:RJ-JD:30471]
[CW-3291/2023]
(3 of 3)
The delay in filing the writ petition is not satisfactorily explained. Therefore, this Court is not inclined to exercise the extraordinary jurisdiction under Article 226 of the Constitution of India in the present case. The writ petition, therefore, is dismissed on the ground of delay and latches.
The stay application and other pending applications, if any also stand disposed of.
(VINIT KUMAR MATHUR),J
23-SanjayS/-
2 issues framed by the court
Whether the writ petition filed for appointment in a 1998 advertisement could be entertained considering the delay in approaching the court.
Whether the petitioner provided a plausible explanation for sleeping over his rights and the resulting lapse of time.
1 provisions across 1 enactments
Ujjawal Joshi
The State Of Rajasthan
VINIT KUMAR MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
