Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(P&H) 4956

HIGH COURT OF PUNJAB AND HARYANA
GURVINDER SINGH – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
/30295/2022

A writ petition may be dismissed on the grounds of delay and laches if the petitioner fails to provide a reasonable explanation for the delay in filing the petition.

Headnote:
DELAY AND LACHES - RECRUITMENT - PHYSICAL EXAMINATION - REVIEW - [The High Court dismissed a writ petition filed in 2022 seeking a review of the petitioner's physical examination conducted in 2012 for a recruitment process that was abandoned and later revived in 2016, holding that the petition suffered from unexplained delay and laches.]
Fact of the Case:

The petitioner applied for a recruitment process in 2011, which was later abandoned. In 2016, the High Court directed the authorities to consider the candidates. The petitioner's physical examination was conducted in 2012. In 2022, the petitioner filed a writ petition seeking a review of his physical examination.
Finding of the Court:

The High Court dismissed the petition, holding that it suffered from unexplained delay and laches.
Issues: Whether the petitioner's writ petition was barred by delay and laches.
Ratio Decidendi: The High Court held that the petitioner's writ petition was barred by delay and laches because it was filed in 2022, ten years after the physical examination was conducted in 2012, and six years after the High Court directed the authorities to consider the candidates in 2016.
Final Decision: The High Court dismissed the petitioner's writ petition.

122 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP-30295-2022 (O&M)

Date of decision: 05.01.2023

Gurvinder Singh

....Petitioner

Versus

State of Punjab and others

..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. S.K.Khurcha, Advocate for the petitioner

Mr. Charanpreet Singh, AAG, Punjab

ANIL KSHETARPAL, J (Oral)

The petitioner prays for the issuance of a writ in the nature

of Mandamus to direct the respondents to review the physical

examination in respect of the height of the petitioner.

The relevant facts of the case, in brief are required to be

noticed.

Pursuant to the recruitment notice issued on 12.10.2011, the

petitioner was called for the interview. However, subsequently, the

selection process was abandoned. In a writ petition filed, direction was

issued to consider the candidates. Although in the writ petition, the date

of physical examination has not been disclosed, however, on a Court

question, the learned counsel representing the petitioner admits that the

physical examination took place in the year 2012.

Learned counsel submits that this fact is mentioned in the

list of dates and events.

Be that as it may. The physical examination, as already

REKHA SIHAG

2023.01.09 12:12

I attest to the accuracy and

authenticity of this order/judgment.

Chandigarh

CWP-30295-2022 (O&M)

noticed, took place in the year 2012. This writ petition has been filed in

the year 2022. The recruitment notice was issued in the year 2011. The

High Court directed to consider the candidates in the year 2016. Hence,

the writ petition suffers from the unexplained delay and laches.

Dismissed.

All the pending miscellaneous applications, if any, are also

disposed of.

05.01.2023

(ANIL KSHETARPAL)

rekha

JUDGE

Whether speaking/reasoned :

Yes/No

Whether reportable :