Ram Chandra S/o Shri Rewant Ram v. State of Rajasthan
2022-02-03
REKHA BORANA
body2022
DigiLaw.ai
JUDGMENT : REKHA BORANA, J. 1. The present petition has been filed with an averment that the petitioner had applied for the post of Police Constable and was declared passed in the written examination after physical efficiency test. A merit list was issued on 01.07.2011, in which the name of the petitioner found place. However, as he was not afforded appointment, the present petition has been filed on the ground that in S.B. Civil Writ Petition No. 15152/2011; Madan Lal v. State of Rajasthan & Ors., directions have been issued for removal of the reserve category candidates from general category, therefore, the said order be implemented and the petitioner be afforded appointment. 2. Counsel for the respondents submitted that it is admitted that certain directions were issued in the case of Madan Lal (supra) and in pursuance to the same, the State Government proceeded on to constitute a Review Committee and after consideration by the Review Committee, all the directions as issued in Madan Lal's case (supra) had been followed and implemented qua the petitioners therein. 3. Counsel further stated that the directions in Madan Lal's case (supra) were not in rem and as the same was a judgment in personam, it was applicable only to the petitioners therein. Counsel further submitted that the present recruitment process is of 2010 and the judgment in Madan Lal's case was passed on 27.04.2012. Even the appeal in the matter of Gaurav Pradhan & Ors. v. State of Rajasthan & Ors. (Civil Appeal No. 8351/2017) was allowed by the Hon'ble Apex Court on 18.08.2017. The present petition has been filed by the petitioner after the judgment of the Hon'ble Apex Court, which cannot be entertained at this belated stage. 4. Heard learned counsel for the parties and perused the material on record. 5. The arguments of the counsel for the respondents that the present petition cannot be entertained at this belated stage is found to be tenable as it is the settled proposition of law that a person who chose to sit tight over his right and waited for any judgment to be passed in the case of other petitioners, cannot be held to be entitled for any relief. 6. As held in the case of A.P. Steel Re-Rolling Mill Ltd. v. State of Kerala and others, (2007) 2 SCC 725 :- "40.
6. As held in the case of A.P. Steel Re-Rolling Mill Ltd. v. State of Kerala and others, (2007) 2 SCC 725 :- "40. The benefit of a judgment is not extended to a case automatically. While granting relief in a writ petition, the High Court is entitled to consider the fact situation obtaining in each case including the conduct of the petitioner. In doing so, the Court is entitled to take into consideration the fact as to whether the writ petitioner had chosen to sit over the matter and then wake up after the decision of this court. If it is found that the appellant approached the Court after a long delay, the same may disentitle him to obtain a discretionary relief." 7. In the judgment in State of Uttaranchal and another v. Sri Shiv Charan Singh Bhandari and others, 2013(6) SLR 629 , Hon'ble the Supreme Court, while considering the issue regarding delay and laches and referring to earlier judgments on the issue, opined that repeated representations made will not keep the issues alive. A stale or a dead issue/dispute cannot be got revived even if such a representation has either been decided by the authority or got decided by getting a direction from the court as the issue regarding delay and laches is to be decided with reference to original cause of action and not with reference to any such order passed. 8. Further, a bare perusal of Gaurav Pradhan's case (supra) makes it clear that the same was not a judgment in rem and it was specifically limited qua the petitioners/appellants therein only. The directions as issued by the Hon'ble Apex Court were specifically qua the petitioners therein only and therefore, the benefit of the same cannot be extended to any person other than the petitioners therein and that too at such a belated stage. 9. In view of the above observations, the present writ petition stands dismissed.