Disposed¶18

Narendra Singh Chouhan S/O Laxman Singh v. the State of Rajasthan

Rajasthan HC4 Mar 2025CW/10631/2024

Case brief

AI extract

What is this about?

Alternative remedy doctrine; promotion to Principal post (vacancies 2021-2022); Rajasthan Civil Services Appellate Tribunal appeal; writ petition disposed with liberty to file statutory appeal within one month, limitation period ignored; expeditious disposal directed; Rajasthan High Court Jaipur Bench, single Judge Anoop Kumar Dhand, order dated 04/03/2025.

What did the court decide?

Liberty granted to the petitioner to file a statutory appeal before the Rajasthan Civil Services Appellate Tribunal; if filed within one month, the Tribunal to hear and decide it expeditiously ignoring the period of limitation. ¶18

Narendra Singh Chouhan S/O Laxman Singh Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the petitioner, who has an alternative statutory remedy of appeal before the Rajasthan Civil Services Appellate Tribunal, can straightaway approach the High Court bypassing that authority. +1 more

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Court's answer

Wherever an alternative remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of that authority.

¶17

Ratio / Principle

The writ petition stands disposed of, granting liberty to the petitioner to file a statutory appeal before the Tribunal.

¶18

Key takeaways

If the statutory appeal is preferred within one month, the Tribunal is expected to hear and decide it expeditiously, ignoring the period of limitation.ratio¶18
The stay application and all pending applications, if any, also stand disposed of.ratio¶18

Detailed headnote1 paragraphs

S.B. Civil Writ Petition No. 10631/2024, decided 04/03/2025 by Anoop Kumar Dhand, J. (Rajasthan High Court, Jaipur Bench): The petitioner sought a direction to the State respondents to consider his case for promotion to the post of Principal against the vacancies year 2021-2022. The Court observed that the petitioner had an alternative statutory remedy of appeal before the Rajasthan Civil Services Appellate Tribunal which he had not availed, and that it is a settled proposition that where an alternative remedy of filing an appeal is available, a person cannot be allowed to bypass the jurisdiction of that authority. Accordingly, the writ petition was disposed of with liberty to the petitioner to file the statutory appeal before the Tribunal; if such appeal is preferred within one month, the Tribunal was expected to hear and decide it expeditiously, ignoring the period of limitation. Stay application and all pending applications were also disposed of.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 10631/2024

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Narendra Singh Chouhan S/o Laxman Singh, Aged About 40 Years, R/o H.No. 13, Shree Shyam Vihar- A, Manyawas, Mansarovar, Near Rajputana School, Jaipur (Raj.) 302020

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----Petitioner

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Versus

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The State of Rajasthan, Through Its Principal Secretary, Department of Secondary Education, Bikaner, Rajasthan.

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The State of Rajasthan, Through The Director, Department of Secondary Education, Bikaner, Rajasthan.

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The Returning Officer, District Municipality, District Collector, Chittorgarh, Rajasthan.

¶9

----Respondents

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For Petitioner(s)	: Mr. Akshit Gupta
	Mr. Shreyansh Dhariwal
For Respondent(s)	:

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JUSTICE ANOOP KUMAR DHAND

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Order

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04/03/2025

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By way of filing this petition, a prayer has been made for issuing a direction to the respondents to consider his case for promotion on the post of Principal against the vacancies year 2021-2022.

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The petitioner has got alternative statutory remedy of filing an appeal as per the provisions of the Rajasthan Civil Services Appellate Tribunal but without availing the said remedy, the petitioner has straightaway approached this Court.

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[CW-10631/2024]

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It is the settled proposition of law, whenever an alternative remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority.

¶18

In view of the above, the instant writ petition stands disposed of, granting liberty to the petitioner to file statutory appeal before the Tribunal. In case, such appeal is preferred by the petitioner within a period of one month from today, it is expected from the Tribunal to hear and decide the same expeditiously as early as possible, ignoring the period of limitation. 5. Stay application and all pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/11

Narendra Singh Chouhan S/O Laxman Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Narendra Singh Chouhan S/O Laxman Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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