Disposed

The State of Rajasthan v. Durga Prasad Sharma S/O Shri Jiya Lal Sharma

Rajasthan HC9 May 2023SAW/387/2023

Case brief

AI extract

What is this about?

This court allowed the concession of delay and disposed of a special appeal arising from a writ petition concerning recruitment. The court permitted the State to contest the matter on merits referencing a Division Bench judgment dated 31.05.2019.

What did the court decide?

Condonation of delay allowed; appeal disposed; liberty granted to State to contest on merits.

The State of Rajasthan Vs Durga Prasad Sharma S/O… — Service and Employment | Rajasthan HC (2023)

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[2023/RJJP/009978]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Special Appeal (Writ) No. 387/2023

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S.B. Civil Writ Petition No. 9398/2015

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The State Of Rajasthan, Through The Principal Secretary, Panchayati Raj Department, Rajasthan, Secretariat Jaipur.

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The Secretary-Cum-Commissioner, Panchayati Raj Department, Rajasthan Secretariat, Jaipur.

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The Zila Parishad Jodhpur, Through Its Chief Executive Officer.

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----Appellants

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Versus

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Durga Prasad Sharma S/o Shri Jiya Lal Sharma, Aged About 30 Years, R/o Village Sonothi, Plost Kurka, Tehsil Roopwas, Distt. Bharatpur.

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----Respondent

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For Appellant(s) : Mr. S.S. Raghav, AAG with Mr. Anirudh Singh Raghav, Advocate

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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Judgment / Order

09/05/2023

Heard.

Upon due consideration, application for condonotion of delay in filing the appeal is allowed and delay in filing the appeal is condoned.

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Learned counsel for the State would submit that the recruitment pertains to the year 2013 in which direction for reconstitution of expert committee has been ordered by the learned Single Judge. Learned State Counsel brings to the notice

[2023/RJJP/009978]

[SAW-387/2023]

(2 of 2)

of this Court judgment of Division Bench of this Court in the case of State of Rajasthan & Others Versus Narayan Lal Gurjar (D.B. Special Appeal Writ No. 793/2019), decided on 31.05.2019 , pertaining to the same selection process and submits that learned Single Judge has relied upon the order passed on 12.11.2021 in batch of writ petitions pertaining to an ongoing selection.

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Considering that the order of learned Single Judge is of interim nature, the State is given liberty to contest the matter on merits including the ground that any other report obtained by the Court may be ignored in view of the order dated 31.05.2019 passed by Division Bench of this Court in the case of State of Rajasthan & Others Versus Narayan Lal Gurjar (supra). The State would be at liberty to contest the matter on the aforesaid grounds to oppose relief sought in the writ petition.

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The appeal is, accordingly, disposed off.

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(ANIL KUMAR UPMAN),J

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(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

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Mohita /104

The State of Rajasthan v. Durga Prasad Sharma S/O Shri Jiya Lal Sharma

Case brief

What is this about?

What did the court decide?

The State of Rajasthan v. Durga Prasad Sharma S/O Shri Jiya Lal Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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