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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Meenakshi Devi – Appellant
Versus
High Court Of J&K – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. The petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing respondent No. 1 – the High Court of J&K and Ladakh, to consider her for appointment as Senior Scale Stenographer retrospectively with all consequential benefits under the Scheduled Caste (SC) category against the vacancy advertised vide Advertisement Notice dated 03.01.2012.
2. Briefly stated the case set up by the petitioner is that pursuant to the Advertisement Notification dated 03.01.2012, she applied for the post of Senior Scale Stenographer under the SC category. She also applied for the post of Junior Scale Stenographer. The selection process concluded in May 2014. While the petitioner was selected and appointed as Junior Scale Stenographer vide Order No. 100 dated 09.05.2014, she was not selected for the post of Senior Scale Stenographer. It is the case of the petitioner that she later discovered in September 2018, upon inspecting the records of a related litigation (Raj Kumar v. High Court of J&K), that she was placed at Sr. No. 1 in the waiting list for the Senior Scale Stenographer post. Aggrieved by the non-
Delay and laches are fatal in service matters, and unexplained delays in seeking appointment can bar claims, reinforcing the necessity for timely action in judicial proceedings.
The doctrine of delay and laches are applied to non-suit the litigants who approach the court belatedly without a justifiable explanation. Law comes to the rescue of the vigilant and not the indolent....
Delay and laches can bar a writ petition, and nonjoinder of necessary and proper parties can render a petition not maintainable.
Writ petitions are subject to implicit limitations; unreasonable delays can bar claims regardless of merit, and necessary parties must be included for maintainability.
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