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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Tarlok Singh Chauhan, Mr. Justice Sushil Kukreja, JJ
Jai Kumar – Appellant
Versus
Himachal Road Transport Corp. – Respondent
JUDGMENT :
(Tarlok Singh Chauhan, J.)
The petitioners have filed the instant petition assailing the selection that was made way back in the year, 2004, as would be evident from the relief claimed in this petition which reads as under:-
(i) That the selection and appointment of the ineligible candidates as per the Inquiry Report, who were wrongly and illegally selected to the post of Transport Multi- Purpose Assistants (Conductors) made in the year 2004 by the respondents, may kindly be quashed and set aside and the respondents No. 1 & 2 may kindly be directed to give appointment to the petitioners to the post of Transport Multi Purpose Assistant (Conductor) from the due date with all consequential benefits. or
In the alternative, the respondents No. 1 & 2 may kindly be directed to give appointment to the petitioners on priority basis against the vacancies of Conductors to be published by the respondents in near future without subjecting the petitioner to face the interview and written examination by granting special relaxation in the age limit, because the petitioners had already qualified the written examination in the year 2003-2004 and thereafter, they were interviewed by the respon
Delay and laches are critical in writ proceedings, and a significant delay without reasonable explanation can lead to dismissal of the petition.
Unexplained delay coupled with the creation of third party rights is an important factor in deciding whether or not to exercise writ jurisdiction.
Inordinate delay in filing petitions without reasonable explanation can lead to dismissal, emphasizing the importance of promptness in asserting rights under Articles 32 and 226.
Point of Law : Doctrine of delay and laches should not be lightly brushed aside. A writ court is required to weigh the explanation offered and the acceptability of the same. The court should bear in ....
Inordinate delay in filing a writ petition without satisfactory explanation can lead to dismissal, even in cases involving fundamental rights.
The court ruled that a fair evaluation in recruitment interviews is essential, asserting that absurd scoring practices cannot stand, and substantial justice prevails over technicalities of delay.
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