1 S.B.CIVIL WRIT PETITION NO.1838/2004 Kana Ram v. The Secretary, Ministry of Education, Government of Rajasthan, Jaipur & Ors. DATE OF ORDER :: 15 th May, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. K.S.Chauhan, for the petitioner. Mr. S.S.Ladrecha, Additional Government Advocate. .... To claim 15 bonus marks for participation in inter-university tournament while considering his candidature for the purpose of appointment as Physical Training Instructor Gr.III, this petition for writ is preferred by the petitioner. The case of the petitioner is that against the vacancies for the year 1995-96 the respondents invited applications from eligible candidates for the purpose of appointment as Physical Training Instructor Gr.III and in pursuant thereto the petitioner submitted an application. The respondents allowed only 10 bonus marks to him for participation in inter- university Kabaddi tournament and also inter- university Volleyball tournament (West Zone), therefore, he failed to stand in merit of selected candidates. Being aggrieved by the same the petitioner preferred a writ petition before this Court in the year 1999 but that came to be rejected being belated. 2 An appeal preferred by the petitioner also came to be rejected by Division Bench of this Court by an order dated 14.5.2001, however, it was left open for the petitioner to submit a representation to the respondent authorities for considering his case as per order passed in the case of State of Rajasthan v. Umesh Jangid (1998(1) WLC 287). After disposal of special appeal, the petitioner submitted a representation to the respondents but of no consequence, therefore, he again approached this Court by way of filing a writ petition i.e. SBCivil Writ Petition No.2232/2003, decided on 28.7.2003. In the writ petition aforesaid this Court directed the respondents to decide the representation submitted by the petitioner within a period of two months. The respondents accordingly by an order dated 21.1.2004 decided the representation submitted by the petitioner rejecting his claim on the count that he does not stand in merit even by considering his case in accordance with the law laid down by Division Bench of Rajasthan High Court in Umesh Jangid's case (supra). Aggrieved by the same, this petition for writ is preferred. Heard counsel for the parties. This matter pertains to the selection proceedings those were conducted in the year 1996. The 3 petitioner claiming for appointment as a consequent to those selection proceedings preferred a writ petition before this Court in the year 1999 and that was dismissed being belated. The Division Bench by order dated 14.5.2001 in DBCivil Special Appeal No.606/1999, Kana Ram v. State of Rajasthan & Ors., affirmed the order of learned Single Bench in following terms:- “It is well settled law that those who come well in time only get relief from the court and not those who come late. In the instant case the interviews were held in May, 1995 and the select list was prepared accordingly. The life of the select list came to an end on 31st March, 1996. The writ petition was filed only in 1998 almost after a period of three years from the date of interview. On the ground of delay only the petition was dismissed as the learned Single Judge was also of the opinion that in absence of successful candidates who were necessary parties for the correct adjudication of the case, no relief can be granted.” While dismissing the appeal, an opportunity was given to the petitioner to submit a representation to the respondents for redressal of his grievance. The respondents negatived claim of the petitioner in the year 2004. The reason for dismissal of earlier writ petition preferred by the petitioner i.e. of delay is applicable more vigorously at this stage. The Division Bench in the case of the petitioner found that no 4 relief could be granted to him on the ground of delay as well as due to absence of necessary parties. In the instant matter too beside the delay the selected candidates are not party to the proceedings, as such on the counts above this petition for writ deserves dismissal. On merits too, I do not find any substance in the matter as the petitioner participated in a tournament that was within the universities of a same zone and as such that cannot be treated as a national level sports meet. The respondents, therefore, rightly denied 15 bonus marks to him. In result, for the reasons mentioned above, this petition for writ is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.