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RAJANI DUBEY
Anil Kumar Soni, S/o. Late Shri Swaminath Soni – Appellant
Versus
State of Chhattisgarh, through the Secretary, Department of Public Works – Respondent
ORDER :
This petition has been filed by the petitioner under Article 226 of the Constitution of India against the appointment order dated 13.8.2015 (Annexure P/1) passed by respondent No.4/Superintending Engineer, PWD, Ambikapur Division in respect of respondent No.5 who secured less marks in comparison to the petitioner.
2. Brief facts of the case, as mentioned in the writ petition, are that pursuant to the advertisement dated 11.9.2013 (Annexure P/2) published by Public Works Department, Ambikapur Division for various posts such as Field Assistant, Peon, Gardener, Telephone Attendant, the petitioner submitted his application form for the post of Field Assistant vide Annexure P/3. In the merit list prepared by the respondent authorities, the name of respondent No.5 found place at Sl.No.3 and the name of the petitioner was mentioned at Sl.No.8 as the merit list was prepared only on the basis of marks obtained in maths subject whereas it was to be prepared on the basis of total marks obtained in Class-12th examination. Hence, the petitioner moved an application in this regard before the Collector, Ambikapur, Distt. Surguja but it was of no avail. On 13.8.2015 impugned appointment ord
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.
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.
Unexplained delays in filing writ petitions can lead to dismissal, emphasizing the need for timely legal action in employment disputes.
Candidates must adhere to procedural timelines to seek judicial relief; failure to do so results in forfeiture of rights to claim benefits from subsequent legal decisions.
Unexplained delays in seeking judicial relief can negate one’s entitlement to writs, asserting that legal aid favors the vigilant.
Rights established in a selection process cannot be denied due to delay, especially when similar candidates are granted relief, ensuring equality under Article 14.
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