RAJASTHAN HIGH COURT
Dinesh Mehta, J.
Ishwar Lal Meena & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 13031/2021
Decided On : 21-09-2021
DELAY - APPOINTMENT - The court addressed the delay in the appointment of petitioners due to the State's verification process of their qualifications. It emphasized the need for expeditious redressal of grievances while not determining the petitioners' rights or entitlements, directing them to file representations for consideration by the competent authority.
Fact of the Case:
The petitioners experienced delays in their appointment due to the State's verification of their educational and professional qualifications obtained outside Rajasthan.
Finding of the Court:
The court acknowledged the delay and directed the petitioners to submit representations to the competent authority, ensuring their grievances are addressed promptly.
Issues: Whether the delay in the appointment of the petitioners was justified and how the court should address their grievances.
Ratio Decidendi: The court's decision was based on the principle of ensuring timely redressal of grievances while refraining from making determinations about the petitioners' rights or entitlements.
Result: The writ petition was disposed of with directions for the petitioners to file representations, which the competent authority must consider within a specified timeframe.
JUDGMENT
1. While pointing out that the delay in according appointment to the petitioners was caused on account of the fact that the State took its own time to verity the educational and profession qualification, which the petitioner had obtained from out of Rajasthan, learned counsel for the petitioners submits that in principle petitioners' case is covered by judgment passed by this Court rendered in case of Nand Kishor Sharma & Ors v. State of Rajasthan & Ors. (SBCWP No.12109/2018).
2. Without pronouncing upon petitioners' right/entitlement, the present writ petition, as requested, is disposed of with a direction to the petitioners to file representation before the competent authority alongwith photostat copy of the judgment he wants to rely upon and certified copy of the order instant within a period of four week's from today.
3. In case representation is so addressed, the competent authority shall consider the same and do the needful as early as possible, preferably within a period of 12 weeks of receiving the representation.
4. It is made clear that aforesaid direction to decide the petitioners' representation(s) has been issued only with a view to ensure expeditious redressal of petitioners' grievance. The same may not be construed to be an order to decide the representation in a particular manner.
5. The stay application also stands disposed of accordingly.
The court established that while delays in administrative processes can occur, there is a legal obligation to address grievances expeditiously without prejudicing the rights of the parties involved.
The court emphasized the need for expeditious redressal of grievances and directed the competent authority to consider the representation for verification of qualifications within a specified timefra....
The court established that while it can direct the consideration of representations, it does not dictate the outcome of such considerations.
The court established that administrative bodies must act promptly on pending representations to uphold the rights of individuals in educational contexts.
The court emphasized the need for expeditious redressal of the petitioners' grievance.
Unexplained delay coupled with the creation of third party rights is an important factor in deciding whether or not to exercise writ jurisdiction.
A writ of mandamus cannot be issued unless the petitioner has first approached the appropriate administrative authority to resolve their grievances.
The court established that representations regarding employment vacancies must be considered expeditiously by the competent authority, adhering to legal standards.
The legal principle established is that authorities must consider representations regarding vacancies in a timely manner, ensuring adherence to legal standards without bias in decision-making.
The legal principle established is that authorities must consider representations regarding vacancies in a timely manner, ensuring adherence to lawful procedures without bias.
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