2012 Supreme(Raj) 1928
RAJASTHAN HIGH COURT
Dinesh Maheshwari, Narendra Kumar Jain-II, JJ.
Manju Bissa (Ms.) and others - Appellant
Versus
State (Panchayati Raj) and others - Respondent
D.B. Civil Special Appeal (Writ) No. 725-729 of 2012.
Decided On : 1-08-2012
Headnote:Constitution of India, 1950 Art. 226 Delay and Laches – Petitioner filed this application seeking for the job of a teacher at grade 3 – The advertisement was made in the year 1999 – petitioner made the petition in the year 2012 – court rightly dismissed the petition on the goring o grave delay of 12 long years.
"On 25.02.1999, the Zila Parishad, Bikaner initiated process of selection for appointment to the post of Teacher Grade-III. The petitioner considering herself eligible submitted an application. However, the Government of Rajasthan by letter dated 01.07.2003 directed the Zila Parishad to fill up the vacancies concerned only after deducting 15 marks which were awarded to the persons on being coming from rural areas. Suffice to mention that the direction aforesaid was given in the light of a Full Bench judgment of this court that came to be affirmed by the Hon'ble Supreme Court. The Zila Parishad, Bikaner as per the averments contained in the petition for writ then proceeded to prepare a fresh merit list and necessary guidance in this regard was sought from the State Government. No such guidance was at all given. The petitioner then submitted a representation on 04.07.2011 and the respondent Zila Parishad again sought necessary instructions from the State Government under a communication dated 12.11.2011.
The submission of the learned counsel for the petitioner is that the petitioner faced process of selection in the year 1999 and that process has yet not reached at its logical consequence, but the respondents are proceeding with fresh process of selection.
Heard learned counsel for the petitioner and perused the record.
The petitioner admittedly faced process of selection in the year 1999, i.e. at least 13 years earlier from the date of filing this petition for writ, i.e. 02.05.2012. No effort was made by the petitioner earlier for redressal of her grievance. In the meanwhile, the petitioner has also crossed the maximum age limit for appointment as Teacher Grade-III. Be that as it may, the process of selection that was initiated in the year 1999 by no stretch of imagination can remain in currency for a period of about 13 years. At this belated stage, no relief as claimed by the petitioner, i.e. with regard to her appointment on the post of Teacher Grade-III in pursuant to the process of selection conducted in the year 1999, can be given.
The petition for writ, thus, is dismissed."