Kailash Dan Charan vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioner claiming the following reliefs:

"By appropriate writ/order or direction the respondents may kindly be directed give appointment to the petitioner on the post of Para-teacher in Gram Panchayat Jointra, Panchayat Samiti - Boari, District - Jodhpur from the date of selection with all consequential benefits.

Any other appropriate relief which this Hon'ble Court deems just and proper may kindly be granted in favour of the petitioner.

That the cost of the petition may also be awarded to the petitioner."

It is inter alia indicated in the writ petition that pursuant to the advertisement issued in the year 2001 for the post of Para Teachers, the petitioner applied for the said post.

Initially the petitioner was selected, however, he was not permitted to join and as such the petitioner filed S.B.Civil Writ Petition No. 863/2002. Another writ petition was filed by one Hari Prasad being S.B.Civil Writ Petition No.1430/2003. Both the petitions came to be decided by common order dated 20/11/2006, however, the writ petition filed by the petitioner was rejected and the writ petition filed by Hari Prasad was allowed. Whereafter, the respondents conducted fresh selection process, wherein, said Hari Prasad was selected, however, it is claimed that Hari Prasad never joined on the post as he was selected as Teacher Gr.III and the position of Para Teacher remained vacant.

The petitioner filed special appeal against the order dated 20/11/2006, rejecting his writ petition, which special appeal, though was filed in 2008, came up before the Court for orders on application under Section 5 of the Limitation Act and was rejected on 11/5/2011.

In the meanwhile, as Hari Prasad did not join, the petitioner filed an application dated 19/8/2008 indicating that as Hari Prasad has not joined after selection, he may be accorded appointment, however, he was not accorded appointment.

Now it is claimed that in 2017 vide Annex.7, the petitioner sought information from Block Primary Education Officer, who has informed that Hari Prasad did not join as Para Teacher. The petitioner thereafter, again approached the Gram Panchayat for according appointment to the petitioner, however, the same has not been granted and the legal notice issued has not been responded.

It is submitted by learned counsel for the petitioner that the relevant guidelines for appointment on the post of Para Teacher (Annex.2) clearly prescribes that if the selected candidate does not join, the person next in merit would be offered appointment, however, the respondents despite the fact that Hari Prasad has not joined pursuant to the selection, have not offered appointment to the petitioner on the post of Para Teacher, which is illegal and, therefore, the respondents be directed to offer appointment to the petitioner.

I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.

A perusal of Annex.6 would reveal that on 19/8/2008 the petitioner made a representation requiring the Sarpanch of the Gram Panchayat to accord appointment to him as Hari Prasad had not joined pursuant to his selection, the said letter clearly reflects that in 2008 itself the petitioner was well aware of the above position, however, he did not take any steps seeking appointment being next in merit, as claimed, and in the year 2017 by filing an application under Right to Information Act and obtaining information on the joining of Hari Prasad, has tried to resurrect the cause, which apparently arose to him in the year 2008 but was abandoned.

No reason whatsoever has been indicated in the writ petition as to why the petitioner slept over his purported right to get appointment on the post of Para Teacher for over 10 years and has now approached this Court.

As the petitioner has chosen to approach this Court after 10 years without any explanation worth the name in the writ petition, the petition suffers from gross unexplained delay and laches and, therefore, the petitioner is not entitled to grant of any relief as claimed in the writ petition.

Reliance placed on Ram Gopal Jaga vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No.16256/2017 decided on 14/8/2018 is wholly misplaced, which judgment has no application to the facts of the present case.

In view of the above discussion, there is no substance in the writ petition and the same is, therefore, dismissed.