Back
MOHIT KUMAR SHAH
Pawan Kumar – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for directing the respondents to consider the case of the petitioner for appointment on the post of clerk, in pursuance to Employment Notice dated 07.02.2016, bearing Employment Notice No. 01 of 2016, in light of the judgment dated 19.04.2023, passed in LPA No.650 of 2022 (Prince Kumar and Ors. vs. The State of Bihar & Ors.) & other analogous cases. The petitioner has also prayed for cancellation of the candidature of the private respondent no.6, who has been appointed along with others, by an order issued by the respondent no.5, in pursuance to the order dated 19.04.2023, passed in L.P.A. No.650 of 2022. Lastly, the petitioner has prayed for quashing of the resolution dated 04.12.2023 and 11.01.2024, issued by the Centralized Selection and Appointment Committee, whereby list of 25 persons (selected candidates) has been published.
2. The brief facts of the case, according to the petitioner are that the petitioner had filed an application for being appointed on the post of clerk pursuant to Employment Notice dated 07.02.2016, issued by the Centralized Selection and Appointment Committee cum the District and Sessions Judge,
Delay and laches prevent claimants from seeking equitable relief in writ jurisdiction, emphasizing the need for prompt pursuit of legal rights.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
Point of law : If there is some minor irregularity in selection of a candidate but if such a candidate has put in a number of years of service, it may not be advisable to disturb his appointment.
Delay and laches are fatal in service matters, and unexplained delays in seeking appointment can bar claims, reinforcing the necessity for timely action in judicial proceedings.
The court upheld the CAT's direction for administrative examination of vacancy positions, clarifying that candidates on the replacement list must be considered unless barred by delay or conduct.
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
The court ruled that a fair evaluation in recruitment interviews is essential, asserting that absurd scoring practices cannot stand, and substantial justice prevails over technicalities of delay.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
