Rakesh Choudhary S/O Shri Girdhari Lal vs Principal Secretary … on 16 January, 2025

Rajasthan High Court – Jaipur

Rakesh Choudhary S/O Shri Girdhari Lal vs Principal Secretary … on 16 January, 2025

Author: Sameer Jain

Bench: Sameer Jain

[2025:RJ-JP:2258]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 18445/2024
Rakesh Choudhary S/o Shri Girdhari Lal, Aged About 38 Years,
R/o 51, New Colony, Ward No. 14, Shahpura, District Jaipur,
Rajasthan.
                                                                            ----Petitioner
                                          Versus
1.       Principal Secretary, Rural Development And Panchayati
         Raj Department, Govt. Secretariat, Jaipur.
2.       The Director, Elementary Education, Bikaner.
3.       Chief Executive Officer, Zila Parishad Jaipur (Rajasthan)
4.       The District Education Officer, Elementary Education,
         Jaipur (Rajasthan)
5.       The Block Development Officer, Panchayat Samiti Virat
         Nagar, Jaipur.
6.       State        Of      Rajasthan,           Through             Secretary,   Rural
         Development                And       Panchayati           Raj      Department,
         Secretariat, Jaipur (Rajasthan).
7.       Anil Kumar Sharma S/o Jagdish Prasad Sharma, Aged
         About 46 Years, R/o Gram Papdi Post- Sothana Via
         Viratnagar Jaipur District Jaipur (Rajasthan)
8.       Rmanarayan Sharma S/o Shri Mannalal Sharma, Aged
         About 49 Years, R/o Ward No. 8, Near Keshav Rai Temple
         Virat Nagar Jaipur District Jaipur (Rajasthan)
                                                                         ----Respondents

For Petitioner(s) : Mr. Raghu Nandan Sharma
For Respondent(s) :

HON’BLE MR. JUSTICE SAMEER JAIN

Order

16/01/2025

1. Learned counsel for the petitioner has submitted that

department of Panchayati Raj issued a circular dated 08.11.2016

whereby, guidelines were prescribed for the recruitment on the

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post of Gram Panchayat Sahayak on honorarium basis. In

pursuance with the said advertisement a number of posts were

advertised seeking intake of applicants on ad-hoc basis for a

period of one year, with honorarium as Rs. 6000/- per month.

2. Further, learned counsel has submitted that the

petitioner has applied for the post of Gram Panchayat Sahayak, for

Gram Panchayat Jaisinghpura, Panchayat Samiti Virat Nagar,

District Jaipur on 16.02.2017, subsequently the petitioner along

with the other candidates was called for interview on 17.02.2017.

The controversy arose when the respondents favored the local

resident candidates and selected them for the said post.

3. It is further submitted that respondent Nos. 7 & 8 were

selected dehors the guidelines, the governing statue and sans

appropriate means in an arbitrary manner. Being aggrieved of the

said action of the respondents the petitioner filed a

compliant/objection before the District Education Officer, District

Jaipur, Rajasthan.

4. At this juncture, learned counsel has relied upon the

order dated 24.05.2017 passed in Sunita Sharma vs. State of

Rajasthan & Ors. registered as S.B. Civil Writ Petition

No.1032/2017 and have submitted that a committee was

constituted and an enquiry was conducted. Resultant to the said

committee report respondent Nos.7 & 8 were terminated.

5. Subsequently, the said order was assailed by filing S.B.

Civil Writ Petition No.23013/2017 titled as Anil Kumar &

Anr. vs. State of Rajasthan & ors. wherein, the present

petitioner applied to impleaded himself in array of the respondents

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and resultantly the said impleadment application was allowed and

the petitioner herein appeared therein as respondent No.6.

6. It is further submitted that vide order dated

23.10.2018 whilst placing reliance upon the judgment

encapsulated in Madan Singh & Anr. vs. State of Raj. & Ors. in

S.B. Civil Writ Petition No.12378/2017, the said petition was

disposed of, quashing the termination orders dated 05.12.2017 of

the petitioners therein and with a direction to the respondents to

ensure compliance of the said order preferably within a period of

two months. However, from a bare perusal of the said judgment it

can be deduced that the petitioners therein are same as

respondent Nos. 7 & 8 herein.

7. The present petitioner did not assail the said order,

rather he had initiated a contempt proceedings and filed a

representation. Howsoever, qua the said representation no heed is

paid till date.

8. Considering the foregoing facts and circumstances of

the instant matter and taking note of the checkered history and

timeline of the instant issue, it can be noted that the present

petition is hit and barred by the principle of delay and laches; that

the instant petition is filed in the year 2024 seeking judicial

indulgence in a recruitment process pertaining to the year 2016.

Moreover, the termination orders dated 5th December, 2017 were

quashed and set aside vide order dated 23.10.2018 (Annexure-5)

passed in S.B. Civil Writ Petition No.23013/2017 (Supra) and

the said order was accepted by the petitioner, as the petitioner got

himself impleaded as a respondent party (respondent no. 6) in the

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said petition. Therefore, it can be noted that the lis in question

does not survives.

9. Accordingly, the present petition is dismissed. Pending

applications, if any, shall stand disposed of.

(SAMEER JAIN),J

DEEPAK/52

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