Rajasthan High Court - Jodhpur
Anand Kumar Joshi vs State (Panchayat Raj) & Ors on 7 February, 2012
Author: Mn Bhandari
Bench: Mn Bhandari
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
SB Civil Writ Petition No.7847/2011
Anand Kumar Joshi versus State of Rajasthan & ors
7.2.2012
HON'BLE MR. JUSTICE MN BHANDARI
Mr Khet Singh - for petitioner
BY THE COURT:
By this writ petition, petitioner is seeking appointment to the post of Teacher Gr III pursuant to the advertisement dated 12.6.1998.
This court asked learned counsel for petitioner to indicate currency of the process initiated in the year 1998. The order to that effect was passed on 7.9.2011, however, no affidavit has been filed to indicate currency of the process. This is apart from the fact that in view of the judgment of the Hon'ble Supreme Court in the case of "Kailash Chandra Sharma versus State of Rajasthan & ors", reported in (2002) 6 SCC 562, a petition of the nature filed herein is not maintainable after lapse of years together. The aforesaid issue was considered by this court in the case of 2 "Vinod Kumar Sharma & ors versus State of Rajasthan & ors", SB Civil Writ Petition No. 4782/2010, decided on 7.7.2011 at Jaipur Bench. Therein, it was held that a petition to seek appointment on the post of Teacher Gr III is not tenable after delay of more than a decade. The reference of the judgment of Apex Court in the case of Kailash Chandra Sharma (supra) was given in the case of Vinod Kumar Sharma (supra) wherein issue aforesaid was considered by this court elaborately thus relief as prayed in the writ petition cannot be granted. The issue involved in this case is covered by the judgment of this court in the case of Vinod Kumar Sharma (supra).
Accordingly, writ petition is dismissed and is ordered to be governed by the judgment of this court in the case of Vinod Kumar Sharma (supra).
(MN BHANDARI), J.
Tanwar/bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW