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2025 DAILYLAW 28410 (RAJ)

CHANDRA MOHAN SHARMA S/O SHRI GORDHAN LAL SHRMA v. SHRI SIDDHARTH MAHAJAN

CRES/949/2024 · 2025-01-06

Narendra Singh Dhaddha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:638] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 949/2024 In S.B. Civil Contempt Petition No.26/2021 1. Chandra Mohan Sharma S/o Shri Gordhan Lal Shrma, Aged About 21 Years, Resident Of Village Nayagaon, Post Manoharpura, Tehsil Bassi, District Jaipur (Rajasthan) 2. Ashok Yadav S/o Shri Madam Lal, Aged About 20 Years, R/o Village Bawalpura, Post Kochhore, Tehsil Dantaramgarh, District Sikar (Raj.) 3. Mohammad Shoaib S/o Shri Mohammad Sadik, Aged About 20 Years, R/o Ward No. 18, Kandara Pada, Mangrol, District Baran, Rajasthan 4. Shitanshu Yadav S/o Shri Baljeet Kumar, Aged About 20 Years, R/o Shiksha Colony, Behror, District Alwar, Rajasthan 5. Avinash Kumar Bhardwaj S/o Shri Prahlad Sharma, Aged About 23 Years, R/o Village Bamori, Post Bagor, Tehsil Nadauti Bagor, District Karauli, Rajasthan 6. Saurabh Kumar Sharma S/o Shri Hardev Sharma, Aged About 20 Years, R/o 243, Majhaua Mohalla, Sikrori, District Bharatpur, Rajasthan 7. Yatendra Singh Dagur S/o Shri Raj Singh Dagur, Aged About 20 Years, R/o Somali, Post Somla, Tehsil Hindaun City, District Karauli, Rajasthan 8. Manish Sharma S/o Shri Vishnu Chand Sharma, Aged About 22 Years, R/o Behind Temple Of Shri Madam Mohanji, Near Tabela, Karauli, Rajasthan 9. Chandra Shekhar Sharma S/o Shri Kailash Chandra Sharma, Aged About 21 Years, R/o Village Barala, Tehsil Bassi, District Jaipur (Raj.) ----Petitioners Versus 1. Shri Siddharth Mahajan, Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan [2025:RJ-JP:638] (2 of 4) [CRES-949/2024] 2. Dr. K.k. Sharma, Additional Director, Medical And Health Services (Administration), Jaipur, Rajasthan 3. Shri B.l.jatawat, Rajasthan Staff Selection Board, State Agriculture Management Institutional Premises, Durgapura, Jaipur, Through Its Chairman 4. Shri Uttam Singh Shekhawat, Registrar, Rajasthan Para Medical Council, Plot No. 6, Everest Colony, Near Apex Mall, Lal Kothi, Jaipur, Rajasthan 5. Dr. A.k. Sharma, Registrar, Mahatma Gandhi University Of Medical Science And Technology, Riico Industrial Area, Sitapura, Tonk Road, Jaipur Through Its Registrar. 6. State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Secretariat,jaipur, Rajasthan 7. Manpreet Singh S/o Shri Angrej Singh, Aged About 21 Years, R/o Ward No. 07, Chak 30 As (B), Gram Panchayat 10Kd, 30 As-B, Shriganganagar (Rajasthan) 8. Aditi Mathur D/o Shri Rakesh Kumar Mathur, Aged About 20 Years, R/o E-70, Iib, Khetri Nagar (Near Deenbandhu Marriage Palace), District Jhunjhunu, Rajasthan 9. Pooja Sharma D/o Smt. Gyanwati Sharma (Mother), Aged About 22 Years, R/o 33, P And T Colony, Opposite Nbc Coal Depot, Hatwara Road, Shashtri Nagar, Jaipur, Rajasthan 10. Insha Khan D/o Shri Adul Jameel, Aged About 22 Years, R/o Near Iqramuddin Khan Ki Haveli, Rajban, Tonk, Rajasthan 11. Suviga Patriya S/o Shri Vinod Kumar Patriya, Aged About 22 Years, R/o B-39, Vidhyut Takniki Colony, Vijay Singh Pathik Nagar, Bhilwara (Rajasthan) ----Respondents For Petitioner(s) : Mr. Ashwinee Kumar Jaiman, Adv. For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order [2025:RJ-JP:638] (3 of 4) [CRES-949/2024] 06/01/2025 Application No.01/2024 is allowed for the reasons mentioned therein and defect No.4 pointed out by the Registry is waived. This restoration application has been filed for restoration of S.B. Civil Contempt Petition No. 26/2021. Along with the said application, an application under Section 5 of the Limitation Act has been filed for condonation of delay of 377 days. Learned counsel for the applicants submits that delay in filing the restoration application is unintentional. So, in the interest of justice, delay of 377 days in filing the restoration application may be condoned. Heard learned counsel for the applicants on the application under Section 5 of the Limitation Act. The reasons given in the application under Section 5 of the Limitation Act are reproduced as under:- “3. It is stated that applicants came to know about dismissal of the contempt petition only after the judgment passed by the Hon’ble Division Bench whereby, appeal against the order dated 01.12.2020 has been dismissed. It is stated that after dismissal of the appeal when applicants contacted their counsel then, it came into their knowledge that their contempt petition had already been dismissed on 06.07.2023 in absence of counsel for petitioner. It is stated that applicants are willing to pursue their contempt petition as they all are meritorious candidates and persons junior to them in the same selection process had already been appointed”. The applicants have not shown any plausible cause for filing the present restoration application after an inordinate delay of 377 days. Nothing has been mentioned as to when the applicants contacted their counsel and why none appeared on their behalf before the court on 06.07.2023 when the contempt petition was dismissed. Entirely vague averments have been made. So, I do [2025:RJ-JP:638] (4 of 4) [CRES-949/2024] not consider it a fit case to condone the inordinate delay of 377 days. Thus, application filed by the applicant for condonation of 377 days delay in filing the restoration application is devoid of merit and liable to be dismissed, which stands dismissed accordingly. Consequent upon the dismissal of the application under Section 5 of the Limitation Act, the restoration application also stands dismissed. (NARENDRA SINGH DHADDHA),J Gourav/295