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SANJAY KAROL, S. KUMAR
Mithilesh Kumar Singh son of Lal Bihari Singh – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
S. KUMAR, J.
1. Heard learned counsel for the appellant as well as learned counsel for the State. This LPA under Clause 10 of Letters Patent Appeal has been preferred for setting aside the judgment and order dated 22.06.2018 passed in C.W.J.C. 18290 of 2010 passed by learned Single Judge of this Hon’ble Court whereby writ petition has been dismissed by learned single judge on ground of delay and laches.
2. Briefly stated the facts of the case is that advertisement was issued being advertisement no.2/2004 for appointment on the post of constable in BMP 21 which was reserved for Home Guards. Petitioner was also serving in Home Guard and applied and was selected against which selection Memo No.4394 dated 30.7.2005 was issued to him. Petitioner was called for verification of his document on 17.09.2005 in the office of Commandant, BMP -21, Saharsha. However, he could not be appointed as there was difference in date of birth in his Home Guard certificate and his matriculation certificate.
3. It is submitted that along with petitioner, there were other candidates also who were selected but due to difference in date of birth in Home Guard certificate and matriculation certificate,
Unexplained delays in seeking judicial relief can negate one’s entitlement to writs, asserting that legal aid favors the vigilant.
The main legal point established in the judgment is that the court will assess the vigilance of the petitioner in invoking the court's jurisdiction and procuring necessary information, and will consi....
The decision highlights the importance of character and antecedent verification for uniformed services, the finality of the Selection Committee's decision, and the inability to claim retrospective se....
Delay defeats equity and law favors the vigilant and not the indolent. Unexplained delays and inordinate laches are relevant in writ actions, and there are implicit limitations of time within which w....
The discretionary power of the High Court to issue an appropriate writ under Article 226 of the Constitution and the legal principles related to delay and laches in service matters.
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