The Supreme Court recently dismissed a Special Leave Petition (SLP) challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. The candidate, who was initially denied appointment due to pending FIRs, secured relief after the FIRs were closed without any charges being filed.
A bench comprising Justice Hrishikesh Roy and Justice SVN Bhatti declined to interfere with the High Court’s decision, stating, “Having considered the basis for the impugned judgment of the Division Bench granting relief to the respondents, we see no scope to interfere. The Special Leave Petition is dismissed.”
The High Court judgment, dated July 11, observed that prolonged pendency of cases without interim orders should not hinder justice delivered on the merits of a case. A division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman highlighted that the “majesty of Rule of Law” necessitates safeguarding individuals’ rights against being diluted by adjudicatory delays.
The High Court had directed the appointment of Jubair Bhati, a candidate for the Rajasthan Judicial Services Examination 2021. Bhati was excluded from the recruitment process due to two FIRs linked to a property dispute involving his family. His counsel argued that both FIRs concluded with negative final reports, and no charges or trials ensued.
The High Court determined that no disqualifications, such as conviction or chargesheet, applied to the petitioner. It dismissed the state’s argument that the matter was moot since appointments, training, and postings had already concluded. Emphasizing that justice should not suffer due to procedural delays, the court invoked the legal maxim actus curiae neminem gravabit (an act of the court shall prejudice no one). It directed that one of the five posts from the same advertisement, currently unfilled at the preliminary stage of new recruitment, be offered to the petitioner.
Case Details:
- Case Number: Petition for Special Leave to Appeal (C) No. 28414/2024
- Case Title: Rajasthan High Court & Anr. v. Jubair Bhati & Anr.
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