Rajasthan High Court - Jaipur
State Of Raj And Ors vs Miss Keerti Kumari on 2 May, 2012
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT D.B. Civil Special Appeal (Writ) No.304/2012 D.B. Civil Misc. Stay Application No. 2399/2012 (State of Rajasthan & Others Versus Keerti Kumari) Date of Judgment :: 2nd May, 2012 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Dinesh Yadav, Additional Advocate General for the State of Rajasthan BY THE COURT:
Mr. Dinesh Yadav, Additional Advocate General submitted that other connected Special Appeal, while condoning the delay in filing the appeal, has already been dismissed, therefore the present special appeal may also be dismissed.
2. The order dated 30th March, 2012 passed in D.B. Special Appeal No. 184/2012 State Versus Hansraj and other connected 28 mattes is reproduced as under:
There is delay in filing the appeals. Delay is condoned for the reasons stated in the applications. Applications under Section 5 of the Limitation Act are disposed of.
There was dispute with respect to the measurement of height and chest of the candidates. The same candidates have applied for the post of Constable and other posts so advertised and height and chest were measured differently on different dates in short proximity of time. Since the difference in measurement of the same candidate was apparently not permissible, as such, a large number of writ applications were filed before the Single Bench. The Single Bench has directed to measure the height and chest as the case may be on proper representation to be filed within 15 days.
It is conceded at bar on a specific query being made that in some of the cases order passed by the Single Bench has already been complied with. As the orders were same and the same have been complied with in some of the cases and there was discrepancy in the measurement of height and chest of the same candidate, we find the direction issued by the Single Bench to be appropriate in the peculiar facts of the instant matters.
We are not inclined to interfere in the appeals and the direction issued by the Single Bench, particularly when the orders passed by the Single Bench have already been complied with in some of the cases.
Special appeals are, accordingly, dismissed. Applications seeking exemption from filing the paper book of the writ petitions and annexures as well as stay applications are dismissed.
However, this judgment not be treated as precedent in other cases.
3. For the reasons mentioned in the order dated 30th March, 2012, the present special appeal is also dismissed.
4. Consequent upon the dismissal of special appeal, the stay application, filed herewith, does not survive and it also stands dismissed.
(MAHESH BHAGWATI),J. (NARENDRA KUMAR JAIN-I),J.
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