Unexplained delays in seeking judicial relief can negate one’s entitlement to writs, asserting that legal aid favors the vigilant.

ORDER :

1. The present writ petition has been filed for quashing letter no.4487 dated 29^th July, 2009 (Annexure-1 to the writ petition) issued under the signature of the Commandant, Jharkhand Armed Police-1, Ranchi-respondent no.5, whereby a decision was taken not to entertain the petitioner’s representation. Further prayer has been made for issuance of direction upon the respondents to consider the case of the petitioner for appointment on the post of Bigular Sipahi (Bigular Constable). The petitioner has also prayed for issuance of direction upon the respondent no.4 to dispose of his representation dated 18^th September, 2009.

2. Learned counsel for the petitioner while assailing the impugned order dated 29^th July, 2009 submits that pursuant to Advertisement no.02 of 2008 the petitioner applied in the month of April, 2008 for appointment on the post of Bigular Constable for which physical test was done and according to merit list he was directed to give his joining on the said post, which is evident from the impugned letter no.4487 dated 29^th July, 2009.

3. It is further submitted that as per the direction of the concerned authority, the petitioner appeared before the respondent no.5 and got his documents verified by the Deputy Superintendent of Police, however, he left his documents in the said office and went away. Thereafter, the petitioner again tried to give his joining on 19^th November, 2008, as in the meantime he got seriously ill and was diagnosed with Infective Hepatitis and due to the said reason he was suggested complete bed rest for the period from 15^th June, 2008 to 17^th November, 2008. After having declared fit by the doctor, he went to give his joining on the said post, however, he was not allowed to give his joining.

4. It is further submitted that there was no laches on the part of the petitioner for the delay caused in giving joining pursuant to his selection, rather the same happened due to the reason that he got seriously ill as explained above. Under the said circumstance, the respondent authorities may be directed to accept the joining of the petitioner on the said post.

5. Mr. Sreenu Garapati, learned S.C.III appearing on behalf of the respondents, refers to paragraph nos.10 to 13 of the counter affidavit dated 23^rd February, 2021 filed on behalf of the respondent no.5, which read as under:-

“10. That it is humbly stated and submitted that with regard to the statement and averments stated in Para 5 to 7 of the writ petition the petitioner applied for the post of Bigular Constable vide advertisement no.02/2008. The petitioner participated in the said selection process and was found successful for appointment to the post of Bigular Constable. That for all the selected candidates for different posts, merit list was prepared and all candidates who were asked to report in the Battalion for verification of documents w.e.f. 07.05.2008 to 20.05.2008 and the same was published in daily newspaper. Pursuant to the said direction the petitioner also appeared in the battalion before Dy. S.P. Sri Bhandari Manjhi. The petitioner after verification of certificates/documents left the place without any information to anyone behind the certificates and documents in the office of the respondent. The petitioner did not join to the post of Bigular Constable after verification of documents.

11. That it is humbly stated and submitted that with regard to the statement and averments stated in Para 8 it is submitted that the Commandant, JAP-1 Ranchi vide memo no.3844 dated 27.06.2008 directed the petitioner to give hi