Rajasthan High Court - Jodhpur
State (Panchayati Raj) & Ors vs Jugal Kishore on 20 July, 2012
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
D.B. Civil Special Appeal (W) No. 1027/2011.
State (Panchayarti Raj) & Ors.
Vs.
Jugal Kishore
Alongwith one similar matter
[ 1 ]
1
D.B. CIVIL SPECIAL APPEAL (W) NO. 1027/2011.
State (Panchayati Raj) & Ors.
Vs.
Jugal Kishore
..
2
D.B. CIVIL SPECIAL APPEAL (W) NO. 1345/2011.
State (Education) & Ors.
Vs.
Banka Ram
..
Date of Order :: 20th July 2012.
HON'BLE MR JUSTICE DINESH MAHESHWARI
HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II
Mr. R.L. Jangid, Senior Advocate & AAG with
Mr. H.S. Bishnoi, for the appellants.
<<>>
BY THE COURT:
These two intra-court appeals, SAW Nos.1027/2011 and 1345/2011, are reported to be time-barred, respectively by 440 days and 274 days. The applications seeking condonation of delay have been filed in these appeals stating essentially the time consumed in administrative processes to be the reason for delay. Though the delay in each case is on the excessive side but having regard to the circumstances and the reasons indicated infra, the appeals are being taken up for final disposal on merits while ignoring delay.
The common subject-matter of these appeals essentially relates to the prayer as made by the writ petitioners (respondents herein) for consideration of their candidature for the post of Prabodhak while recognizing the qualification of Bachelor of Arts D.B. Civil Special Appeal (W) No. 1027/2011.
State (Panchayarti Raj) & Ors.
Vs. Jugal Kishore Alongwith one similar matter [ 2 ] Preparatory programme ('BAP') as equivalent to Senior Secondary. The appellants have contended against the claim as made by the writ petitioners on the strength of the submissions that the State Government has not treated the candidates holding the qualification of BAP as eligible for appointment on the post of Prabodhak. The learned Single Judges have accepted the prayer as made by the petitioners in the respective petitions, inter alia, with reference to several of the previous decisions and, of course, certain further directions have also been issued.
So far the ground as taken in these appeals regarding BAP Course is concerned, the learned Additional Advocate General has frankly submitted that the subject-matter of these appeals stands covered in this Court in view of the judgment dated 19.07.2011 as delivered in a batch of appeals led by D.B. Civil Special Appeal (W) No. 03134/2011 (New No. 915/2011) : The State of Rajasthan & Ors. Vs. Lachcha Ram; and has placed for perusal before us the order so passed by a co-ordinate Bench.
In view of the above, even while ignoring the question of limitation, there is no reason to entertain these appeals.
Hence, these appeal stand dismissed following the decision in Lachcha Ram (supra) and in the same terms. (NARENDRA KUMAR JAIN-II),J. (DINESH MAHESHWARI),J. /Mohan/ D.B. Civil Special Appeal (W) No. 1027/2011.
State (Panchayarti Raj) & Ors.
Vs. Jugal Kishore Alongwith one similar matter [ 3 ] 2 D.B. CIVIL SPECIAL APPEAL (W) NO. 1345/2011.
State (Education) & Ors.
Vs. Banka Ram ..
Date of Order :: 20th July 2012.
HON'BLE MR JUSTICE DINESH MAHESHWARI HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II Mr. R.L. Jangid, Senior Advocate & AAG with Mr. H.S. Bishnoi, for the appellants.
<<>> BY THE COURT:
This intra-court appeal stands dismissed following the decision in D.B. Civil Special Appeal (W) No. 03134/2011 (New No. 915/2011) : The State of Rajasthan & Ors. Vs. Lachcha Ram and in the same terms [vide common order made in D.B. Civil Special Appeal No. 1027/2011 : State of Rajasthan & Ors. Vs. Jugal Kishore].
(NARENDRA KUMAR JAIN-II),J. (DINESH MAHESHWARI),J. /Mohan/