Rajasthan High Court - Jodhpur
Rajasthan Public Service Commission vs Dev Kanwar Soni (2023/Rjjd/014780) on 11 May, 2023
Bench: Vijay Bishnoi, Praveer Bhatnagar
[2023/RJJD/014780]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal Writ No. 834/2019
1. Rajasthan Public Service Commission, Through Its
Secretary.
2. The Secretary, Rajasthan Public Service Commission,
Gughra Ghati, Ajmer.
----Appellants
Versus
1. Megha Shah D/o Shri Kumarpal Singh, Aged About 30
Years, Resident Of Vpo Punali, Tehsil Dungarpur, District
Dungarpur.
2. State Of Rajasthan Through The Secretary, Department
Of Secondary, Education, Jaipur.
3. The Director, Secondary Education, Bikaner.
4. The Director, Elementary Education, Bikaner.
----Respondents
CONNECTED WITH
D.B. Special Appeal Writ No. 512/2019
Rajasthan Public Service Commission, Through Its Secretary
----Appellant
Versus
1. Navin Kumar Choubisa S/o Shri Parmanand Chobisa,
Aged About 38 Years, Village Post Salumber, District
Udaipur.
2. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Jaipur.
3. The Secretary, Elementary Education, Jaipur.
4. The Director, Secondary Education, Bikaner.
5. The Director, Elementary Education, Bikaner.
----Respondents
D.B. Special Appeal Writ No. 1188/2019
Rajasthan Public Service Commission, Through Its Secretary.
----Appellant
Versus
1. Shaitan Singh S/o Shri Ram Narayan Rathore, Resident Of
Near Purana Mahal, Inside Rasala, Dhan Mata Mandir Ke
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[2023/RJJD/014780] (2 of 4) [SAW-834/2019]
Niche, Dungarpur.
2. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Jaipur.
3. The Director, Secondary Education, Bikaner.
4. The Director, Elementary Education, Bikaner.
----Respondents
D.B. Special Appeal Writ No. 1242/2019
Rajasthan Public Service Commission, Through Its Secretary.
----Appellant
Versus
1. Dev Kanwar Soni D/o Shri Naval Kishore, Aged About 38
Years, R/o Village Post Nai, Tehsil Girwa, District Udaipur.
2. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Jaipur.
----Respondents
D.B. Special Appeal Writ No. 1388/2019
Rajasthan Public Service Commission, Through Its Secretary
----Appellant
Versus
1. Smt. Minakshi Joshi D/o Shri Bhagwati Shanker W/o
Vinod Joshi, Aged About 38 Years, R/o Ganesh Chouk,
Village Talwara, District Banswara.
2. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Jaipur.
3. The Secretary, Elementary Education, Jaipur.
4. The Director, Secondary Education, Bikaner.
5. The Director, Elementary Education, Bikaner.
----Respondents
For Appellant(s) : Mr. Tarun Joshi (through VC)
Mr. Vikram Singh
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Judgment 11/05/2023
1. The matters come up for consideration of the applications under Section 5 of the Limitation Act preferred on behalf of the appellants in the following special appeal writs with a prayer for (Downloaded on 12/05/2023 at 10:31:05 PM) [2023/RJJD/014780] (3 of 4) [SAW-834/2019] condoning the delay in filing that appeals filed against the orders mentioned in front of them :-
DBSAW Delay Filed against the order dated / passed in No. of days 834/2019 412 23.02.2018 / SBCWP No.11997/2015 (Megha Shah Vs. State of Raj. & Ors.) 512/2019 328 29.11.2017 / SBCWP No.14869/2015 (Navin Kumar Choubisa Vs. State Raj. & Ors.) 1188/2019 416 16.02.2018 / SBCWP No.12001/2015 (Shaitan Singh Rathore Vs. State Raj. & Ors.)
2. It is also noticed that the following special appeal writs, filed against the orders mentioned in front of them, are also barred by limitation, however, the application under Section 5 of the Limitation Act have not been filed along with them :-
DBSAW Delay Filed against the order dated / passed in No. of days 1242/2019 327 29.11.2017 / SBCWP No.2229/2017 (Dev Kumar Soni Vs. State of Raj. & Anr.) 1388/2019 327 29.11.2017 / SBCWP No.6962/2015 (Smt. Minakshi Joshi Vs. State of Raj. & Ors.)
3. In the application under Section 5 of the Limitation Act, it is mentioned that after receiving the certified copy of the order, the same was forwarded to the State Government with an opinion that the order impugned be challenged before the Division Bench by way of filing the special appeal. It is further mentioned that after receiving sanction from the competent authority, these appeals are filed.
4. It is noticed that no date has been mentioned as to when the certified copies of the impugned orders were received by the (Downloaded on 12/05/2023 at 10:31:05 PM) [2023/RJJD/014780] (4 of 4) [SAW-834/2019] appellants. It is also not clarified that as to when the competent authority granted sanction for filing the present appeals.
5. In view of the above, we are of the considered opinion that the averments made in the applications under Section 5 of the Limitation Act are vague and the above mentioned delay in filing the present appeals is not satisfactory explained.
6. In such circumstances, no case for condoning the delay in filing the present appeals is made out, hence, the applications under Section 5 of the Limitation Act are dismissed.
7. Consequently, the special appeals being DBSAW Nos.834/2019, 512/2019 and 1188/2019 are also dismissed.
8. In special appeals being DBSAW Nos.1242/2019 and 1388/2019, no application under Section 5 of the Limitation Act for condoning the delay in filing that appeals have been filed, therefore, the same are also dismissed on the ground of delay. (PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J Abhishek Kumar S.Nos.37 to 41 (Downloaded on 12/05/2023 at 10:31:05 PM) Powered by TCPDF (www.tcpdf.org)