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S.B. CIVIL WRIT PETITION NO.9065/2009
Vagtawar Singh.
vs.
State of Rajasthan and others.
DATE OF ORDER: 9.10.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.Bharat Devasi, for the petitioner.
——
Heard learned counsel for the petitioner.
The petitioner was asked to submit the
original certificates by his employer. The
petitioner failed to produce those certificates
and sought time and lastly, he stated that since
the office of institution which issued the
certificate to the petitioner in the State of U.P.
has since been seized, therefore, he cannot
produce the said certificates in one month’s time
as granted by the employer. The petitioner
submitted application Annex.4 requesting the
authorities to extend the time. The petitioner has
approached this Court seeking direction against
the respondents to extend the time for production
of the documents. According to learned counsel for
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the petitioner, the application was submitted
before the Block Primary Education Officer on
1.9.2009.
It appears from the facts pleaded and as
stated by the learned counsel for the petitioner
that no adverse order has yet been passed inspite
of the fact that even after letter dated 10.8.2009
by which the petitioner was asked to submit the
documents, the petitioner did not submit the
documents and by now two months’ time has passed.
This is hardly a matter where the petitioner
should have approach this Court under Article 226
of the Constitution of India when the authority
has not passed any order refusing the time and has
not passed any adverse order against the
petitioner. The authority below is the right
authority who can consider the facts of the case
and decide whether it is a fit case for grant of
time or not.
In view of the above reasons, this writ
petition, having no merits, is hereby dismissed.
(PRAKASH TATIA), J.
S.Phophaliya/-