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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Deepak Kumar Son of Ramashankar Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner's claims and background facts. (Para 1 , 2 , 3) |
| 2. arguments regarding merit and appointment. (Para 4 , 5 , 6) |
| 3. court's observations on appointment procedures. (Para 7 , 8 , 9 , 10) |
| 4. ratio regarding delay impacting claims. (Para 11 , 13) |
| 5. delay and laches as a bar to relief. (Para 12 , 14 , 15) |
| 6. judgment dismissal on account of lack of merit in claim. (Para 16) |
| 7. dismissal of the writ petition. (Para 17) |
JUDGMENT :
PURNENDU SINGH, J.
Heard learned counsel appearing on behalf of the petitioner, learned counsel for the Respondent nos.2 & 3 and the learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:-
“(i) For issuance of writ, in the nature of mandamus or an appropriate writ direction or directions, order or orders commanding the respondent authorities to select and appoint of the petitioner in the light of judgment dated 17.04.2023 passed by this Hon’ble Court in LPA No.650 of 2022 and its analogous cases by which direction was issued to centralized selection and appointment to the post of Clerk in pursuant to employment notice no.01/202
Delay and laches prevent claimants from seeking equitable relief in writ jurisdiction, emphasizing the need for prompt pursuit of legal rights.
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 critical in writ proceedings, and a significant delay without reasonable explanation can lead to dismissal of the petition.
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.
Judgments in employment cases are subject to concepts of laches and acquiescence, whereby delayed claims can be denied relief, emphasizing the need for timely challenges to selection processes.
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