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S.B. Civil writ petition No.10404/2009
Hari Lal Masar & Ors.
vs
State of Rajasthan & Ors.
Date of Order dated 13.1.2010
HON'BLE MR. PRAKASH TATIA, J.
Mr.PR Mehta, for the petitioners.
Heard learned counsel for the petitioners.
The petitioner in pursuance of the advertisement dated
13.8.2008 modified on 2nd June, 2009 appeared for the
examination conducted for selection on the post of
Compounder/Nurse (Ayured) Junior Grade. The petitioners
admittedly could not succeed in the said examination as
they secured less marks. The contention of the petitioners
is that respondents wrongly determined the vacancies for
the TSP Area, which petitioner’s came to know when
petitioners received the information from the competent
authority on 11th Nov., 2009 and, therefore, it is clear that
the respondents have wrongly determined the vacancies of
TSP Area and because of that determination of vacancies,
the petitioners have been denied appointment.
Since the petitioners had full knowledge of the
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determination of the vacancies from beginning and even if
because of any reason had no knowledge of this fact then
there is no explanation for the delay by which the
petitioners obtained the information under Right to
Information Act. After this delay, the petitioners are not
entitled to any equitable relief. Further, in case the
petitioners would have succeeded in the examination and in
case they would have got the appointment under this
selection process then they would not have challenged this
advertisement and process of selection. It is settled law
that a person who takes a chance and failed cannot allow to
challenge the action of the respondents after taking chance.
In view of the above, the writ petition has no merit
and the same is hereby dismissed.
[PRAKASH TATIA], J.
cpgoyal/-