Unexplained delay coupled with the creation of third party rights is an important factor in deciding whether or not to exercise writ jurisdiction.

JUDGMENT

Anoop Kumar Dhand, J. - Challenge in this Special appeal is led to the order dated 04.10.2021 passed by learned Single Judge, by which the writ petition filed by the writ petitioner has been dismissed on the ground of delay and laches.

2. Counsel for the appellant submits that the appellant was given appointment on the post of Lower Division Clerk (for short 'LDC') vide order dated 14.08.2003 under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (for short 'the Rules of 1996'). Counsel submits that after getting appointment in the year 2003, the appellant submitted representations on regular basis to the Department for redressal of his grievance. Counsel submits that even after rejection of the representations, several other representations were submitted by the appellant but this fact has not been considered by the learned Single Judge and the writ petition was rejected on the ground of delay and laches. Counsel submits that the representation submitted by the appellant was rejected by the respondents on 26.02.2003 by observing that the appellant obtained the requisite degree of B.Ed. from Kumaun University in the year 1997, while the National Council for Teachers Education (for short 'NCTE') has given recognition to the aforesaid degree in the year 1998-99. Counsel submits that the appellant was having qualification of B.Sc. & B.Ed., hence, he was eligible to get appointment on the post of Teacher but without considering his qualification, appointment was given to him on the post of LDC. Counsel submits that under these circumstances, the learned Single Judge has committed an error in dismissing the writ petition. Counsel submits that looking to the facts and circumstances and also looking to the qualifications of the appellant, he is entitled to get appointment on the post of Teacher with all consequential benefits.

3. Heard.

4. Perused the record and considered the arguments.

5. It is not in dispute that the appellant was given appointment on the post of LDC on 14.08.2003. It appears that the appellant was not satisfied with the said appointment and he submitted a representation before the authorities for granting him appointment on the post of Teacher on the basis of the qualification of B.Sc. & B.Ed. The representation submitted by the appellant was rejected by the authorities on 26.02.2003. After rejection of the said representation, the appellant kept silence for about 18 years and after an inordinate delay of 18 years, he filed writ petition before the learned Single Judge for which no reasonable explanation was submitted by him.

6. There is no substance in the arguments raised by the counsel for the appellant that even after rejection of the representation in the year 2003, he submitted several representations in these 18 years.

7. Hon'ble Supreme Court in the matter of Union of India & Ors. v. Chaman Rana reported in (2018) 5 Supreme Court Cases 798 in para No. 10 held as under:-

10. Mere repeated filing of representations could not be sufficient explanation for delay in approaching the Court for grant of relief, was considered in Gandhinagar Motor Transport Society v. Kasbekar, by Chagla C.J. observing as follows: (SCC Online Bom : AIR p. 203, para 2).

"2.... Now, we have had occasion to point out that the only delay which this Court will excuse in presenting a petition is the delay which is caused by the Petitioner pursuing a legal remedy which is given to him. In this particular case the Petitioner did not pursue a legal remedy. The remedy he pursued was extra-legal or extra-judicial. Once the final decision of government is given, a representation is merely an appeal for mercy or indulgence, but it is not pursuing a remedy which the law gave to the petitioner...."

8. Clearly, the writ petition was barred by delay and laches. The petitioner approached this Court after a delay of almost 18 years. There was no satisfactory explanation for laches and the delay in fili