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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SHREE CHANDRASHEKHAR, SANDEEP SHAH
State of Rajasthan – Appellant
Versus
Chander Shekhar son of Shri Ramesh Chandra – Respondent
| Table of Content |
|---|
| 1. appeal against positive writ decision. (Para 1) |
| 2. delay in appeal filing explained inadequately. (Para 2 , 3) |
| 3. arguments regarding the applicability of rule 273. (Para 4 , 8) |
| 4. experience under nrhm scheme relevance. (Para 5 , 6 , 7) |
| 5. previous decisions in related cases influence current case. (Para 9 , 11 , 15) |
| 6. rule 273's requirement for weightage explained. (Para 12 , 13 , 14) |
| 7. outcome of the appeal based on lack of merit. (Para 17 , 19) |
| 8. government's failure to prove diligence in delay justification. (Para 20 , 21) |
| 9. importance of diligence for condonation of delay. (Para 22 , 23) |
| 10. final dismissal of the appeal and application. (Para 24 , 25) |
Order :
SANDEEP SHAH, J.
1. The present appeal is directed against the judgment dated 29th November 2022 passed in S.B. Civil Writ Petition No.17316 of 2022 titled “Chander Shekhar v. State of Rajasthan”, whereby the learned Single Judge allowed the writ petition filed by the petitioner and directed the respondent (present appellants) to countersign the experience certificate of the petitioner and to grant the bonus marks to the petitioner, pursuant to Rule 273 of the RAJASTHAN PANCHAYATI RAJ RULES , 1996 (hereinaft
Experience under transferred schemes is valid for bonus marks eligibility, and the state must provide justifiable reasons for delay in appeals.
State entities must substantiate claims for condonation of delay; administrative delays do not justify absence of diligence in legal proceedings.
Government departments must comply with the law of limitation, and experience gained under transferred schemes should be recognized for benefit entitlements.
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
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