The court directed the competent authority to consider the petitioners' representation in accordance with law and prior judgment, emphasizing expeditious but unbiased consideration.

Headnote:
(A) No specific laws or sections cited - The court directed the competent authority to consider the petitioners' representation in accordance with law, referencing a prior judgment. (Paras 1-4)

(B) Judicial Review - The court emphasized that the representation must be considered expeditiously, but not in a predetermined manner. (Paras 3-4)

Facts of the case:
The petitioners sought direction for their representation to be considered following a precedent judgment and a circular.

Findings of Court:
The court ordered the representation to be filed within four weeks and to be considered within eight weeks thereafter.

Issues: The main issue was whether the petitioners’ representation would be considered following the cited judgment and circular.

Ratio Decidendi: The court maintained that while the representation should be considered, it should not be construed as an obligation to decide in a specific manner.

Result: Writ petition disposed of.

ORDER :

DINESH MEHTA, J.

1. While asserting that the petitioners’ case is covered by the judgment dated 19.01.2021 passed by this Court in the case of Jai Prakash Ghanchi & Ors. vs. State of Rajasthan & Ors. ( S.B. Civil Writ Petition No. 7273/2020 ), learned counsel for the petitioners submitted that the petitioners would be satisfied if the competent authority of the respondents is directed to consider petitioners’ representation (which they would be filing within a period of four weeks from today) in accordance with law in light of the judgment passed in the case of Jai Prakash Ghanchi (supra) so also in the light of Circular dated 02.09.2020.

2. The writ petition is disposed of with the direction to the petitioners to file a fresh representation alongwith requisite documents and web-copy of the judgment dated 19.01.2021 passed in the case of Jai Prakash Ghanchi (supra) and certified copy of the order instant within a period of four weeks from today.

3. In case, a representation is so addressed, the competent authority of the respondents shall consider the same in accordance with law including the judgment cited by the petitioners, as early as possible, preferably within a period of eight weeks of receipt thereof.

4. It is made clear that aforesaid direction to decide the representation 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.

Click Here to Read the rest of this document