Rajasthan High Court - Jaipur
Manoj Singh Gurjar vs State Home Departmentors on 22 May, 2019
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.9329/2016
Manoj Singh Gurjar s/o Sh.Veer Singh Gurjar
----Petitioner
Versus
State of Rajasthan & Others
----Respondent
For Petitioner(s) : Mr.Rajneesh Gupta. For Respondent(s) : Mr.Pushpendra Singh Naruka on behalf of Mr.Rupin Kala, GC.
Mr.Harshal Tholia on behalf of Dr.V.B. Sharma, AAG.
HON'BLE MR. JUSTICE ALOK SHARMA Order 22/05/2019 This court cannot fathom as to how in law the issue of marriage of a candidate selected on the post of Constable--wholly irrelevant and extraneous to the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'the Rules of 1989')-is relevant for denial of appointment to duly selected candidate.
Aside of the aforesaid there is a marriage certificate of the petitioner on record indicating his marriage on 06.10.2014. That marriage certificate is an original official document the authenticity of which is not is question in any legal proceeding with regard to which a presumption of its existence has to be drawn. Contra thereto, there is nothing on record except mere suspicion with regard to the date of petitioner's marriage.
The Apex Court in the case of Ashok Kumar Yadav Vs. State of Haryana [(1985)4 SCC 417] has held that justice is not the function of the courts alone, it is also the duty of other (Downloaded on 29/06/2019 at 03:14:32 AM) (2 of 2) [CW-9329/2016] state functionaries when expected to take decision on matters before them. The obligation to do justice therefore attaches to every organ of the State. I would add that, and in fact if it were no so, the court's could be choked with issues falling for the fair determination by senior authorities of other institutions and the citizens left gasping for their rights--a wholly untenable and frightening situation which cannot come to pass or be countenanced.
In this view of the matter a decision on the petitioner's appointment which he has been awaiting for the last four years be taken afresh with due application of mind to the eligibility required under the Rules of 1989 for appointment to the post of Constable on or before 29.07.2019 failing which Inspector General of Police (Recruitment), Jaipur is directed to be present in court on 29.07.2019 to explain to the court as to state whether the State is to be administered in accordance with the rule of law or whether the ipse dixit of the executive should reign.
Put up on July 29, 2019 at 11.00 AM.
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