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2026 Supreme(Raj) 344

HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANAND SHARMA, J.
Rekha Meena, D/o. Ghasiram Meena – Petitioner 
Versus
State Of Rajasthan, Through Its Secretary, Education Department – Respondent 
S.B. Civil Writ Petition No. 8988 of 2026
Decided On : 20-05-2026

Advocates Appeared:
For the Petitioner: Mr. Arvind Kumar Sharma, Mr. Anand Sharma.

The benefit of a judicial order is limited to the actual petitioners and those who had pending litigation at the time. Fence-sitters who failed to pursue their claims within a reasonable timeframe are barred from claiming the benefits of a judgment obtained by others.

Headnote:(A) Service Law - Recruitment - Delay and Laches - Fence-sitters - Petitioner seeking appointment to a teaching post based on scoring higher marks than selected candidates, relying on a prior determination in a similar matter - Benefit of prior judgment cannot be extended to those who did not initiate timely legal action - Court held that benefits of a judgment are confined to the petitioners of that case and those who approached the court during the pendency of that litigation.

Facts of the case:
The petitioner approached the court seeking a direction for appointment to the post of Teacher Grade III Level II, claiming higher merit marks than those already appointed. The petitioner relied on an order passed in a separate set of writ petitions. The respondent argued that the prior judgment specifically limited the eligibility for its benefits strictly to the then-pending litigants.

Findings of Court:
The court emphasized that the relief granted in the cited judgment was explicitly restricted to the petitioners therein and to those who had approached the court prior to the judgment date. It held that individuals who remained silent and did not move the court in a timely manner (fence-sitters) cannot benefit from a victory attained by others after the conclusion of the case.

Issues: Whether a candidate who did not participate in early litigation is entitled to the benefit of a subsequent judgment which creates a distinction between active litigants and those who failed to act in a timely manner.

Ratio Decidendi: Judicial relief is not a general entitlement for all similarly situated persons if they have failed to agitate their rights within a reasonable time. A court, while granting relief, has the discretion to restrict the benefit only to those who were vigilant and moved the court, thereby excluding those who waited for the outcome of another's litigation (fence-sitters) before asserting their own claims.

Result: Writ petition dismissed.

Table of Content
1. commencement of writ petition proceedings seeking appointment. (Para 1)
2. litigant claim for parity based on prior judgments. (Para 2)
3. fence-sitters denied retroactive benefit of precedent. (Para 3 , 4 , 5)

Order :

ANAND SHARMA, J.

1. Petitioner has filed this writ petition with following prayer:

“It is, therefore, respectfully prayed on grounds above mentioned that the writ petition may kindly be accepted and allowed and i)To Issue appropriate order or direction to respondents to give appointment to the petitioners on the post of Teacher Grade III Level II as the petitioners have scored more marks than already appointed candidates.

ii) To direct the respondents to consider the candidature of the petitioners in the aforesaid recruitment and allow the petitioners to participate in the further recruitment process.

iii)To direct to respondents to initiate the process of final recruitment and final appointment on the basis of revised result so that the petitioners having higher marks could be appointed on the post of Teacher Grade III Level II.

iv) Any other order or relief, which this Hon'ble Court deems fit and proper, may also be passed in favour of the petitioners."

2. Learned counsel for the petitioner submits that the issue involved in this writ petition has already been decided by this Court vide order dated 11.05.2026 passed in S.B. CWP No. 13045/2025 (Yasmeen Bee D/o Nijamuddin & ors. Vs. State Of Rajasthan & Ors. & other connected matters Hence, the petitioner should also be extended the similar benefits.

3. This Court finds that while deciding the case of Yasmeen Bee D/o Nijamuddin & ors.(Supra), the benefits of the judgment were confined only to the petitioners before the Court prior to date of judgment in the case of Yasmeen Bee D/o Nijamuddin & Ors. passed on 11.05.2026 and it was specifically prohibited that those who were fence-sitters and remained indolent and failed to agitate their rights within reasonable time, shall not be entitled to claim benefit of judgment in the case of Yasmeen Bee D/o Nijamuddin & ors.. Para 18 of the aforesaid judgment is being reproduced hereunder:-

"18. However, the benefit of this judgment shall remain confined only to the petitioners before this Court and to those candidates, who had already approached this Court and whose writ petitions are pending consideration. Any fence-sitter who remained indolent and failed to agitate his rights within reasonable time shall not be entitled to claim benefit on the basis of the present judgment."

4. In view of above, this Court does not find any scope of interference in the present writ petition, and the same is hereby, dismissed.

5. Pending application(s), if any, shall also stand disposed of.

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