RADHA NATH ROYCHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this art.226 petition dated June 14, 2006 is seeking the following principal reliefs :

(2.) I had to adjourn admission hearing on July 23, 2010, July 26, 2010, July 27, 2010 and August 3, 2010. The first adjournment was for the reason that none appeared for the parties; the second adjournment was at the instance of advocate for the petitioner; the third and fourth adjournments were at the instance of advocate for the State who submitted that records of the selection were not available.

(3.) Not a single word has been used in the petition for explaining the inordinate delay in approaching the High Court under art.226. The delay is not only in approaching, but also in taking steps for admission hearing of the petition. The petitioner approached the Court around four years after the appointment, and then took first step for admission hearing of the petition around four years after the date of filing of the petition. On these facts it is quite natural that because of the delay today the State will not be in a position to defend the case at all. Records of the selection process initiated in 1997 and concluded in 2002 are not available, and there is nothing unnatural in this. In my opinion, on the ground of unexplained inordinate delay alone this petition should be dismissed, though, in my opinion, there is no merit in the case as well.