IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Inderjeet Singh, J.
Ambika - Appellant
Versus
Principal Secretary For Rural Development And Panchayati Raj Department - Respondent
S.B. Civil Writ Petition No. 7207/2021
Decided on : 02-08-2021
Delay - Appointment Dispute - The court dismissed the writ petition due to the delay in filing the petition, citing the principle that courts help vigilant persons and not negligent persons.
Fact of the Case:
The petitioner applied for a teaching position and challenged her non-selection after a delay of five years from the revised result declaration.
Finding of the Court:
The court dismissed the petition due to the delay in filing, citing the principle that courts help vigilant persons and not negligent persons.
Issues: Delay in filing the petition, entitlement to relief similar to a previous judgment.
Ratio Decidendi: Courts help vigilant persons and not negligent persons.
Final Decision: The writ petition was dismissed.
JUDGMENT
1. This writ petition has been filed by the petitioner with the following prayers:-
(b) Direct the Respondent No.1 to 5 to pass any other order or direction as this Hon'ble Court deem fit and proper in the facts and circumstances of the present case.
(c) Pass any other appropriate order or directions as may be deemed fit and proper in the facts and circumstances of the case, in favour of the petitioner and in the interest of justice."
2. The petitioner, in pursuance to the advertisement dated 24.02.2012 issued by the respondents, applied for the post of IInd Level (Class VI-VIII) IIIrd Grade Teacher. After holding examination, the result of the selected candidates was declared by the respondents on 09.09.2012, thereafter, revised result was also issued by the respondents, according to the petitioner, in the month of August, 2016 and challenging her non-selection even in the revised list, the present writ petition has been filed by the petitioner in the year 2021, after almost a delay of five years.
3. Counsel for the petitioner submits that in similar circumstances, the writ petition filed on behalf of the other candidate, namely, Mukesh Kumar Tailor, bearing S.B. Civil Writ Petition No.750/2017 was decided by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur vide order dated 09.02.2017, whereby following directions were issued:-
b. Thereafter, the candidates as per the ratio of 1:2 of the vacancies available shall be called for the verification of the documents and the appointments shall be given to such like eligible candidates as per their merit equivalent to the vacancies available with the department.
c.This Court is aware that some of the candidates are bound to be left out even though they have got more marks than the last candidate but taking into account the limited number of vacancies, the said candidates shall have to try their luck in the next recruitment process afresh. d.The said process be completed as expeditiously as possible preferably within 06 months from today."
4. Counsel further submits that the petitioner is entitled for the same relief as has been granted to the candidate Mukesh Kumar Tailor in the judgment (supra).
5. Heard counsel for the petitioner and perused the record. This writ petition filed by the petitioner deserves to be dismissed for the reasons; firstly, after declaring the revised result by the respondents in the year 2016, the petitioner has filed the present writ petition in the year 2021, after a delay of 5 years, secondly, the judgment passed by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur in the matter of Mukesh Kumar Tailor will not help the petitioner as the courts help the vigilant persons and not the negligent persons. Like the present petitioners as admittedly, the writ petition filed by the similarly situated person-Mukesh Kumar Tailor was decided in year 2017 and the present writ petition has been filed by the petitioner after a delay of 4 years of passing of the judgment in the matter of Mukesh Kumar Tailor (supra) and lastly, in the facts and circumstances of the case, I am not inclined to exercise the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
6.Hence, this writ petition is dismissed.
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