High CourtsSingle Bench(2020) 01 RAJ CK 0153

Kalpana Kumari Parmar vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 23 January 2020

HON’BLE JUDGES
Dinesh Mehta, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 15463 Of 2019

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Judgment

12 paragraphs · 403 words
1.

The petitioner has approached this Court invoking its extraordinary jurisdiction, seeking a mandamus to the respondents to provide her another opportunity for document verification and then, accord appointment.

2.

The facts in a nutshell are that the petitioner applied for the post of ANM pursuant to advertisement dated 28.01.2016. She appeared in the written examination; was declared successful; and was called for document verification on 31.01.2017.

3.

Petitioner for the reasons known to her, did not appear for her documents verification, whereafter another chance was given to all the candidates (including petitioner), who could not appear in the first round, to appear on 13.06.2017.

4.

It is an admitted fact that when the petitioner was called for documents verification on 13.06.2017, she appeared before the CMHO, Dungarpur (respondent No.2), whereas she was required to present herself before the Additional Director, Department of Medical & Health, Department of Medical & Health, Jaipur (respondent No.3).

5.

Petitioner's documents could not be verified by the CMHO, Dungarpur, as she was required to present herself before the Additional Director, Jaipur.

6.

According to averments made in the petition, she appeared before respondent No.3 on the next date i.e. 14.06.2017, who informed her that the date has since passed.

7.

As a result she lost her selection.

8.

The petitioner has preferred the present writ petition in September, 2019, after two years of having failed to appear even in the second round of counselling.

9.

Mr. Shreyansh Mehta, learned counsel for the respondents submitted that the petitioner has approached this Court belatedly and that apart petitioner having neglected/omitted to appear before the competent authority for documents verification, cannot claim any right, inasmuch as, wide publicity was given, even for the subsequent date of documents verification - the notice was published on the website, so also in the news paper.

10.

Having heard rival counsel, this Court is of the view that the petitioner has remained indolent and negligent towards her rights. Having failed to appear in June, 2017, petitioner remained in deep slumber and only approached this Court in the month of September, 2019, after a lapse of 27 months. In the extant facts, this Court neither finds any merit in petitioner's favour, nor does it find any case worth warranting sympathetic consideration in exercise of jurisdiction under Article 226 of the constitution of India.

11.

The writ petition therefore, fails.

12.

Stay petition also stands dismissed.