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DINESH MEHTA
Mahendra – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Dinesh Mehta, J. - IA No. 01/2022
1. For the reasons stated and considering that the matter stands squarely covered by the judgment of a coordinate Bench of this Court, the application seeking early listing is allowed.
2. The matter is taken up for consideration today itself.
S.B. Civil Writ Petition No. 186/2022
1. Heard on the writ petition.
2. Learned counsel for the parties submit that the issue raised in the present petition is already settled by this Court in the case of Jagdish Prasad Nai vs. State of Rajasthan & ors. (S.B. Civil Writ Petition No. 1507/2022) decided on 26.05.2022 and therefore, similar order in the present writ petition may also be passed.
3. In the case of Jagdish Prasad Nai (supra), it was inter-alia directed by the Court as under: -
"In view of the above submissions made, the petitioners may make representation to the Director (Non-Gazetted) with regard to the calculation of their experience and consequential fact about their eligibility / award of bonus marks within a period of 15 days from today.
The Director (Non-Gazetted) would pass appropriate orders on the representations to be made by the petitioners within a period of four weeks thereafter.
The pet
The court's decision was based on the issue being settled in a previous case and the matter being covered by a judgment of a coordinate Bench of the Court.
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.
Selected candidates do not have an indefeasible right to be appointed, and executive instructions cannot override statutory rules.
The main legal point established in the judgment is the requirement to consider experience certificates and the principles of natural justice in determining eligibility for the post of Laboratory Ass....
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