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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
Tara Singh – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. Learned counsel for the petitioner submits that the issue raised in the present writ petition is squarely covered by judgment of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan & Ors. : S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur Bench and the said judgment has been followed in Krishan Lal & Ors. v. The State of Rajasthan & Ors. : S.B.C.W.P. No. 19179/2017, decided on 30.10.2017 at Jaipur Bench. The petitioner is also entitled to the same relief as granted in the case of Manoj Khandelwal (supra) and Krishan Lal (supra) claims learned counsel.
2. In view of the submissions made, the writ petition filed by the petitioner is disposed of with the similar directions as given in the case of Manoj Khandelwal (supra), which read as under:-
“This Court in Suman Bai and Another Vs. State and Others – 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitione
Candidates in lower merit may receive equal benefits if delays in appointments are attributable to state authorities, emphasizing procedural fairness in service rights.
The main legal point established is that candidates in lower order of merit cannot become entitled merely because they had approached the court earlier, and petitioners had a fresh cause of action fo....
Candidates in lower order of merit cannot become entitled merely because they had approached the court earlier. Fresh cause of action for approaching in such a situation is not barred either as res j....
The main legal point established in the judgment is the entitlement of petitioners to appointment benefits and the court's direction to the respondents to consider their representation for extending ....
Candidates should not suffer due to administrative delays, and equitable treatment in appointments is essential.
Candidates are entitled to service benefits based on merit, and delays by authorities cannot deprive them of their rightful claims.
The court's decision was based on the principle that candidates in lower order of merit cannot become entitled merely because they had approached the court earlier, and that petitioners had a fresh c....
The court emphasized the entitlement of the petitioners to be treated senior to respondents in lower order of merit and to be considered for the same benefits of service granted to candidates who sto....
The principle of res judicata and the entitlement of notional benefits based on previous judgments.
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