Chief Justice's Court
Case :- SPECIAL APPEAL No. - 618 of 2019 Appellant :- Saroj Devi Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Satish Chand,Bhole Ram Counsel for Respondent :- C.S.C.,Deo Dayal
Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
This appeal is preferred to question correctness of judgement and order dated 23.4.2019 passed by learned Single Bench in Writ A No. 6247 of 2019 (Saroj Devi Vs State of UP and others). Learned Single Bench after considering all relevant facts came to conclusion that petition for writ suffers from huge delay and, therefore, no relief as prayed for could be granted.
In appeal, it is submitted by learned counsel appearing on behalf of appellant-petitioner that after completion of process of selection on 23.4.2018, appellant-petitioner, a member of Scheduled Caste, submitted a representation to the Basic Education Officer, Chandauli on 29.4.2018 but that was not responded. A subsequent representation was also given in the month of August, 2019 but that too was not responded by the authority concerned. The petitioner-appellant, after waiting for some time for response of the concerned officer, filed a petition for writ, hence, there is no laches on the part of petitioner. It is also stated that delay in filing of writ petition is immaterial looking to the fact that a person standing at lower merit has been employed by the respondents.
We do not find any merit in the arguments advanced. It is not in dispute that entire process of selection acquired finality on 23.4.2018. The petitioner, thereafter, submitted representation on 29.4.2018 and if that was not responded within a reasonable time then the appropriate course before the petitioner-appellant was to approach legal fora immediately. It is also well settled that in the matter relating to process of selection, a person having any grievance with that is required to approach the court as soon as possible. Such expediency is required as after completion of selection process third party right accrues with the person selected for appointment and that demands adjudication at earliest.
In view of whatever stated above, we do not find any just reason to interfere with the order passed by learned Single Bench.
The appeal is dismissed.
Order Date :- 30.7.2019 RavindraKSingh (Vivek Varma, J.) (Govind Mathur, C.J.)