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PANKAJ PUROHIT
Rezy Jain – Appellant
Versus
Cantonment Board – Respondent
JUDGMENT :
(Pankaj Purohit, J.) :
Heard learned counsel for the parties.
2. By means of this writ petition, petitioner has sought indulgence of this Court for challenging the order dated 02.07.2021 passed by the respondent-Board by which the representation of petitioner has been rejected only on the ground of delay and laches, and with a further prayer to issue a writ in the nature of mandamus directing the respondents to issue appointment letter in favour of petitioner pursuant to her selection in the process held on 31.03.2011.
3. It is contended by learned counsel for the petitioner that the respondent-Cantonment Board started the process for supplying three vacancies on the post of Assistant Teacher, Primary School by issuing the advertisement on 24.06.2010. Petitioner, being eligible, offered her candidature for the said post. The written examination was conducted on 15.03.2011 wherein petitioner scored 78 out of 100 marks, and she was on the top of select/merit list.
4. Unfortunately, on certain complaints, the entire selection process was cancelled by respondent-Cantonment Board vide its order dated 12.05.2011. Two candidates, who ranked lower to petitioner, challenged the ord
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
The main legal point established in the judgment is the illegality committed by the Selection Committee in denying appointment to the writ petitioner and accommodating the appellant, as well as the p....
Candidates must adhere to procedural timelines to seek judicial relief; failure to do so results in forfeiture of rights to claim benefits from subsequent legal decisions.
The discretionary power of the High Court to issue an appropriate writ under Article 226 of the Constitution and the legal principles related to delay and laches in service matters.
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.
Unexplained delay coupled with the creation of third party rights is an important factor in deciding whether or not to exercise writ jurisdiction.
The completion of the selection process and the legal impermissibility of accommodating a candidate after a significant delay.
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