Delay and laches in communicating inability to report for recruitment process can bar a petitioner from obtaining relief, especially when there is an ongoing recruitment process.

Headnote:
Delay and Laches - Appointment to Artificer Apprentice in Indian Navy - The court dismissed the writ petition seeking appointment to the post of Artificer Apprentice in the Indian Navy due to delay and laches in communicating the inability to report for recruitment process, considering the ongoing recruitment process for 2019 and 2020 vacancies.
Fact of the Case:

The petitioner sought appointment to the post of Artificer Apprentice in the Indian Navy but was unable to report for the recruitment process due to health issues. The petitioner communicated the circumstances of inability to report after a significant delay.
Finding of the Court:

The court dismissed the writ petition on the ground of delay and laches, considering the ongoing recruitment process for 2019 and 2020 vacancies.
Issues: Delay and laches in communicating inability to report for recruitment process, ongoing recruitment process for 2019 and 2020 vacancies.
Ratio Decidendi: The court held that the petitioner's delay in communicating the inability to report for the recruitment process, especially considering the ongoing recruitment process for 2019 and 2020 vacancies, barred the petitioner from obtaining relief.
Final Decision: The present writ petition seeking appointment to the post of Artificer Apprentice in the Indian Navy was dismissed on the ground of delay and laches.

JUDGMENT

Manmohan, J. - Present writ petition has been filed seeking direction to the respondents to appoint the Petitioner to the post of Artificer Apprentice in the Indian Navy. Petitioner also seeks directions to the respondents to appoint the petitioner in the said post with all consequential service benefits and entitlements.

2. Learned counsel for the petitioner states that the respondents invited applications for recruitment in the Indian Navy for various posts in 2019, wherein the Petitioner applied for the post of Artificer Apprentice in Submarine Specialisation. He states that the Petitioner qualified for the initial eligibility tests and was required to submit certain certificates to the recruiting officer on 04th February, 2020. He further states that the Petitioner was diagnosed with acute jaundice and several deviations in serum Bilirubin levels due to which the Petitioner could not report to the respondent's office on 4th February, 2020.

3. Learned counsel for the petitioner states that the petitioner was extremely unwell from January, 2021 to May, 2021 due to the back pain problem making it difficult for the petitioner to keep right posture while sitting and walking.

4. He states that the petitioner was declared completely fit by a doctor in June, 2021 and was permitted to resume his normal life. He further states that the petitioner vide letter dated 29th June, 2021 apprised in detail the circumstances on account of which the petitioner could not report to the recruiting officer at INS Chilka on 4th February, 2020. He lastly states that the recruitment process for the 2019 vacancies is still ongoing.

5. Mr.P.S.Singh, Advocate who appears on an advance notice, states that the recruitment process for 2019 vacancies already stands over and in fact recruitment in Indian navy for the 2020 batch is also over.

6. Keeping in view the aforesaid fact as well the fact that the petitioner had not communicated to the respondents by any means between 4th February, 2020 and June, 2021, this Court is of the view that the petitioner cannot be granted any relief at such a belated stage wherein recruitment process for 2020 vacancies also stands over. Accordingly, the present writ petition is dismissed on ground of delay and laches.

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