SANJAY SINGH SISODIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE intra-court appeal (SAW No. 301/2004) filed by the applicant-appellant against the order dated 10.03.2004 as passed by a learned Single Judge of this Court in S.B. Civil Writ Petition No. 1067/2004 came to be dismissed for want of prosecution by a co-ordinate Bench on 06.09.2011 when the learned counsel earlier instructed on behalf of the applicant- appellant pleaded no instructions and no other appearance was available on his behalf.

(2.) THE applicant-appellant has filed the restoration application with the submissions that he had taken no objection from his former counsel and had engaged another counsel, who has now filed the Vakalatnama (which is placed on the record of the restoration application). With these submissions, restoration has been prayed for hearing of the appeal on merits.

(3.) THE learned Single Judge also considered the submissions that in the order dated 10.03.2003, this Court issued directions for appointment of the petitioners of these writ petitions on the basis of their merit; and found that the directions of the Court were issued on the finding that the ground of denial of appointment to them was wrong. The learned Single Judge, ultimately, observed that even if those persons were lower in merit, since the list did not survive and the petitioner did not wake up to the issue until the survival of the list, no interference could be made at his instance. The learned Single Judge, inter alia, observed as under:-