Court No. - 2
Case :- WRIT - A No. - 8896 of 2019 Petitioner :- Sanjeev Kumar Malik Respondent :- State Of U.P. And Another Counsel for Petitioner :- Irfan Ahmad Malik Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioners and the learned Standing Counsel for the State respondents.
Undisputedly, an identical challenge was duly considered and negatived by a learned Single Judge of the Court who proceeded to dismiss the writ petition as being barred by unexplained laches. The said order dated 5 September 2018 passed on Writ -A No. 18727 of 2018 (Hanuman Singh And 85 Others Vs. State of U.P And Another) reads thus:
"Petitioners had participated in Rankers Examination 2011 for appointment to the post of Sub-inspector. The result of the exam was declared in the year 2011 itself. Certain persons, who felt aggrieved, approached this Court and arising out of an adjudication made by learned Single Judge, a special appeal was also decided on 18.7.2014. Arising out of such order a Civil Appeal No.45 of 2016 was preferred before the Apex Court, which was decided on 30.1.2017. It is after all such litigation that petitioners have approached this Court in August, 2018 with a prayer that respondents be directed to consider petitioners' claim for appointment in light of the adjudication made by this Court and also by the Apex Court.
An objection is taken by the respondents with regard to maintainability of the writ petition on the ground that petitioners have belatedly approached this Court; nearly after 7 years of the recruitment, without any justification for such belated approach to this Court.
Although various arguments have been advanced on merits on behalf of the petitioners to contend that many of the questions were declared wrong and that petitioners are also entitled to benefit of adjudication made in case of others, but there is no explanation as to why petitioners have approached this Court after nearly 7 years of the recruitment. Law is otherwise settled that those who sit on the fence do so at their own risk and cannot be permitted to approach court of law, after the issue is decided in favour of those who were pursuing their claim. The recruitment has otherwise attained finality.
In such circumstances, this Court refuses to examine petitioners' grievance, on merits, and the writ petition is dismissed as being barred by unexplained latches."
Accordingly and for the reasons noted above, this writ petition shall also stand dismissed.
Order Date :- 29.5.2019 Mukesh Kr.