The benefits of a judicial decision are restricted to those who actively litigate. Individuals who remain inactive, often termed fence-sitters, and fail to agitate their rights in a timely manner are not entitled to claim the parity or relief granted to diligent litigants.

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.