Court No. - 26
Case :- WRIT - A No. - 22158 of 2018 Petitioner :- Pravesh Kumar Respondent :- Union Of India, Min. Of Home, New Delhi And Another Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- A.S.G.I.
Hon'ble Ajit Kumar,J.
Sri Gyan Prakash, Assistant Solicitor General for Government of India has filed his memo of appearance which is taken on record.
Heard learned counsel for the petitioner and the learned standing counsel appearing on behalf of Union on India.
Learned counsel for the Union of India has pointed out that the result of recruitment of Constable (GD) in BSF, CISF, CRPF and SSB and examination 2011 was declared in 2011 itself. He has objected to the maintainability of the writ petition on the ground of laches as the petitioner is seeking a mandamus from this Court to the respondents to issue appointment letter to him for the post of Constable (GD) after declaring his final result as per the review medical examination.
Learned counsel for the petitioner has placed reliance upon judgment rendered by this Court on 20.8.2018 in Writ-A No. 48354 o 2017 (Ajit Singh & 54 others Vs. Union of India & 4 others) and has referred to directions of this Court in the bunch of writ petitions mentioned in internal page nos. 17 & 18 of the said judgment.
It has been submitted that as per direction no. (iii), this Court has issued a mandamus to the respondents to individually examine the claim of the candidates who had scored marks above the cut off 45 on 28.11.2011 and qualified in review medical examination as medically fit and to pass orders regarding their appointment.
Learned counsel for the petitioner has submitted that in pursuance of such directions issued by this Court all 55 petitioners have been considered and issued appointment letters who were the writ petitioner in Writ-A No. 48354 of 2017. This writ petition also related to selection on the post of Constable (GD) in different paramilitary forces.
Learned counsel for the respondents has placed reliance upon two judgments of Coordinate Benches in Writ-A No. 4130 of 2016 (Arvind Yadav & another Vs. Union of India & 3 others) decided on 15.2.2016 and Writ-A No. 19395 of 2018 (Rinku & another Vs. Union of India through Secretary, Ministry of Home Affairs & 3 others) decided on 12.9.2018; wherein similar matters relating to selection on the post of Constables (GD) in paramilitary forces were decided. The writ petitions have been dismissed by this Court saying that recruitment was finalised in 2011 and there was a huge delay in approaching the Court.
This Court has considered the judgment relied upon by the learned counsel for the petitioner and the judgments relied upon by the learned counsel for the Union of India, it is apparent that the petitioner has approached this Court after judgment was delivered on 20.8.2018 in Writ-A No. 48354 of 2017.
It is the case of the petitioner that in the meantime the petitioner has been representing to the Authorities concerned, the last such application was made by the petitioner on 3.9.2018.
This Court is of the considered opinion that the law with regard to explanation for delay / laches having not been found adequate only on the basis of representation has been settled by the Hon'ble Supreme Court in State of Orissa Vs. Prari Mohan Samantaray & others 1977 (3) SCC 396 and reiterated in 2006 (4) SCC 322 Karnataka Power Corporation Ltd. through its Chairman and Managing Director Vs. K. Thangappan & another filing of repeated representation do not explain laches.
Moreover, this Court has been approached by the petitioner only after identical matters were considered and decided by this Court as aforesaid in Ajit Singh (supra). Court cannot help those who are not vigilant to their rights and awake after long slumber.
The Hon'ble Supreme Court was considering a similar case in S.S. Balu & another Vs. State of Kerala 2009 (2) SCC 479 has rejected the case of the appellant therein. The judgment of the Hon'ble Supreme Court in the case of S.S. Balu (supra) completely covers the case of the petitioner.
The writ petition is dismissed.
Order Date :- 11.10.2018 IrfanUddin