SUNIL KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this Special appeal is led to the order dtd. 4/10/2021 passed by learned Single Judge, by which the writ petition filed by the writ petitioner has been dismissed on the ground of delay and laches.

(2.) Counsel for the appellant submits that the appellant was given appointment on the post of Lower Division Clerk (for short 'LDC') vide order dtd. 14/8/2003 under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (for short 'the Rules of 1996'). Counsel submits that after getting appointment in the year 2003, the appellant submitted representations on regular basis to the Department for redressal of his grievance. Counsel submits that even after rejection of the representations, several other representations were submitted by the appellant but this fact has not been considered by the learned Single Judge and the writ petition was rejected on the ground of delay and laches. Counsel submits that the representation submitted by the appellant was rejected by the respondents on 26/2/2003 by observing that the appellant obtained the requisite degree of B.Ed. from Kumaun University in the year 1997, while the National Council for Teachers Education (for short 'NCTE') has given recognition to the aforesaid degree in the year 1998-99. Counsel submits that the appellant was having qualification of B.Sc. and B.Ed., hence, he was eligible to get appointment on the post of Teacher but without considering his qualification, appointment was given to him on the post of LDC. Counsel submits that under these circumstances, the learned Single Judge has committed an error in dismissing the writ petition. Counsel submits that looking to the facts and circumstances and also looking to the qualifications of the appellant, he is entitled to get appointment on the post of Teacher with all consequential benefits.

(3.) Heard.