SBCWP3605/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3605/2010 Sunil Kumar Jain Vs. The State of Rajasthan and Others Date of Order ::: 31.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Ajay Goel for Shri Sumit Khandelwal, Counsel for petitioner #### By the Court:- This writ petition, in my view, is wholly misconceived because petitioner had earlier filed a civil suit and an interim injunction order was passed in his favour; subsequently the civil suit was dismissed, against which petitioner availed remedy of appeal. In that appeal, absolute interim stay order was not passed in his favour, however it was held that respondent No.2 had liberty to remove petitioner by recourse to due process of law. The respondents have now issued show cause notice to petitioner requiring him to produce within 15 days relevant documents or any other material which he wanted to rely on to show that he was eligible for appointment. SBCWP3605/2010 // 2 // Having chosen the remedy of filing civil suit, petitioner would now be precluded by doctrine of election of remedy to switch on to the writ jurisdiction and approach this court when his appeal against the judgment and decree passed by the civil court is still pending and all that has been said by the appellate court is that respondents would be at liberty to remove petitioner but by recourse to due process of law. Petitioner may have his remedy against interim stay order passed by appellate court in first appeal but writ, in my considered view, would not be maintainable. Writ petition is accordingly dismissed as being not maintainable. (Mohammad Rafiq) J. //Jaiman//