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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SHREE CHANDRASHEKHAR, SANDEEP SHAH
State of Rajasthan, through the Secretary to the Government – Appellant
Versus
Kailash Chandar Lohar son of Shri Bheru Lal Lohar – Respondent
| Table of Content |
|---|
| 1. entitlement to bonus marks clarified (Para 1 , 5 , 6 , 12) |
| 2. application for condonation of delay details missing (Para 2 , 3 , 4) |
| 3. arguments about nrhm administration analyzed (Para 8 , 9 , 11) |
| 4. past judgments establish precedent for bonus marks allocation (Para 14 , 15 , 20) |
| 5. delay in filing appeal must meet rigorous standards (Para 17 , 23) |
| 6. final dismissal based on lack of sufficient cause (Para 24 , 25) |
ORDER :
Sandeep Shah, J:
1. The present appeal is directed against the judgment dated 29th August 2023 passed in S.B. Civil Writ Petition No.11333 of 2017 titled “Kailash Chandar Lohar v. State of Rajasthan & Ors.”, whereby the learned Single Judge allowed the three writ petitions filed by the petitioners therein, including the writ petition refer to (supra) while observing that NRHM Scheme is being run under the aegis of Panchayati Raj Department, and therefore, the benefit quo the same are to the granted to the petitioner.
I.A. No.01/2024:
2. An application under section 5 of the LIMITATION ACT has been filed seeking condonation of delay of 316 days in filing the present Special Appeal (Writ).
3. A perusal of the contents of Para Nos.2 to 6 will reveal that
State entities must substantiate claims for condonation of delay; administrative delays do not justify absence of diligence in legal proceedings.
Experience under transferred schemes is valid for bonus marks eligibility, and the state must provide justifiable reasons for delay in appeals.
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.
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The court emphasized that the law of limitation applies equally to all parties, including the government, and failure to act within a reasonable time results in dismissal of claims.
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