Rajasthan High Court

Rajasthan High Court: In a petition filed by the petitioner along with other unemployed individuals seeking justice regarding their claim for appointment to the Post of Teacher Grade-III (Special Education), a single-judge bench comprising of Ganesh Ram Meena, J., while expressing concern over the lethargic approach of the respondent-authority, especially considering the petitioners’ claims and the State’s duty as a welfare State, Granted a final opportunity to the respondents to file a reply, subject to the payment of a cost of Rs.10,000/- to each petitioner if the reply is not filed before the next listing date.

The Court noted that the respondent-State of Rajasthan consistently sought extensions of time to file a reply to the petition over a span of four years. The Court expressed concern over the lethargic approach of the respondent-State in addressing the matter, which jeopardized the interests of the petitioners and undermined the functioning of the justice system. Furthermore, the Court observed a recurring issue of inadequate representation of the respondent-State in various cases, leading to frequent adjournments due to the absence of counsel. The Court observed that despite notifications to the Chief Secretary of Rajasthan and the Principal Secretary, Law and Legal Affairs Department, no satisfactory resolution was achieved.

The Court directed the Registrar (Judicial) to send a copy of the order to the Governor of Rajasthan, the Chief Secretary, and the Principal Secretary, Law and Legal Affairs Department, urging them to address the issue. In the interest of justice, the Court granted the respondent-State a final opportunity of two weeks to file a reply, subject to the payment of costs amounting to Rs. 10,000/- to each petitioner in case of non-compliance. The Court fixed the next date of the hearing on 03-04-2024.

[Rekha Kumari v. State of Rajasthan, 2024 SCC OnLine Raj 762, order dated 15-03-2024]


Advocates who appeared in this case :

Mr. Jai Raj Tantia, Counsel for the Petitioner

Mr. Rahul Gupta and Mr. Shubhendu Pilania for Mr. Basant Singh Chhaba, AAG, Counsel for the Respondent

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