Court No. - 6 Case :- SERVICE SINGLE No. - 610 of 2010 Petitioner :- Gaya Prasad Pandey, S/O- Late Ram Nath Pandey, Respondent :- State Of U.P.Thru.Prin. Secy.Medical Education Deptt., & Ors Petitioner Counsel :- Alok Mishra Respondent Counsel :- C.S.C.,Vinayak Saxena Hon'ble Shabihul Hasnain,J.
This petition has been filed by the petitioner on the ground that he was not
selected in examination for a selection held in the year 2002. The petitioner
says that in this regard the petitioner had moved a representation which has
been rejected recently. A preliminary objection has been raised by the learned
counsel for the opposite party No.2 that the petition is highly belated. The
cause of action, if any accrued to the petitioner in the year 2002 when he was
not declared selected in the said examination. The petition for being selected
on the basis of a selection held in the year 2002 can not be entertained today.
Petitioner counsel has tried to justify his action on the ground that the
selection held in the year 2002 was marred by multiple defects of various
kinds and the petitioner was illegally not selected. The petitioner kept on
approaching the opposite parties who gave him oral reply and assurance that
the matter of the petitioner shall be looked into after the decision of Ram Deo
Singh. No letter or document has been shown to have been issued by the
opposite parties to this effect. Hon’ble Supreme Court in a number of cases
stated that mere filing of representation will not grant any benefit for
limitation although there is no limitation for filing a writ petition. Still the
Court has to see whether the petitioner was vigilant enough to safeguard his
interests or not. The oral assurance on the basis of which the petitioner tries to
justify his inaction for the last eight years does not inspire any confidence.
Moreover, the petitioner has not annexed any other representation which has
been moved by him in this regard. The only representation which is available
on record is dated 11.11.2009. Petitioner has tried to take shelter of the writ
petition filed by Mr. Ram Deo Singh but that can not be substituted for his
inaction in the matter. The petitioner can not be allowed to challenge a
selection of 2002 today. It is too much to ask the opposite parties to reply to
this challenge.
The Court is not satisfied that the petitioner was vigilant enough to safe
guard his interests for the last eight years. The petition is highly time barred
and suffers from latches, which is hereby dismissed.
Order Date :- 4.2.2010
RKM.