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Rajasthan HC directs State Government to look into the absence of State Counsel representation in legal proceedings

CASE TITLE – Rekha Kumari v. State Of Rajasthan.

CASE NUMBER – S.B. Civil Writ Petition No. 3015/2019

DATED ON – 15.03.2024

QUORUM – Hon’ble Justice Ganesh Ram Meena

 

FACTS OF THE CASE

Mr. Rahul Gupta, Adv. and Mr. Shubhendu Pilania, Adv., on behalf of Mr. Basant Singh Chhaba, AAG, representing all respondents, request three weeks to file a reply. On January 22, 2020, this Court instructed the petitioner’s attorney to provide a copy of the petition to Mr. C.L. Saini, AAG’s office and to file the case after indicating Mr. Saini’s name in the cause-list. Mr. C.L. Saini, AAG, represented the respondents on February 3, 2020, and requested two weeks to provide a response. On September 15, 2023, Mr. C.L. Saini, AAG, representing the respondents, requested an extension of time to submit their reply, and this request was granted. Once more, now, more than four years later, the respondent State’s attorneys ask for extra time to file a response. The issues concern the petitioners’ claim to be appointed to the Grade III (Special Education) Teacher post. The unemployed people who have come before this court as petitioners are doing so in order to pursue justice. Although they were served four years ago, the respondent-State, which is regarded as a welfare state, is pleading for more time to submit a response.

 

ISSUE

Whether the State can be given time to file a reply.

 

COURT ANALYSIS AND JUDGEMENT

The Hon’ble High Court of Rajasthan noticed that the respondent authority’s sluggish attitude demonstrates that they are not operating as a welfare state, and this type of behaviour might have disastrous effects on the entire legal system, which is why poor unemployed litigants are turning to the courts in the first place. The court has also evidently noticed that the respondent-State is not being adequately represented by the Officer or its solicitors for the past two months. It has been brought to the attention of the Rajasthani government, the chief secretary, and the principal secretary of the law and legal affairs department several times, but as of yet, no adequate plan has been established for the state’s representation. The absence of State counsel is the reason for the adjournment of several cases.  A few days ago, this Court also learned of a lawsuit that the State had brought, in which no one had represented the State on two or three occasions. In the aforementioned case, this Court believes that the Governor of Rajasthan, His Excellency, should be informed of the issue so that the State Government can investigate and the State’s interests can be protected throughout the legal process and any rulings rendered by the Court. The court ordered that a copy of this order must be sent by the Registrar (Judicial) to the Chief Secretary of the State of Rajasthan, His Excellency the Governor of Rajasthan, and the Principal Secretary of the Law and Legal Affairs Department of the Government of Rajasthan. For the sake of fairness, the Hon’ble High Court gave the respondents  two weeks as a last chance to file a reply, subject to the respondent state paying each petitioner’s costs of Rs. 10,000 in the event that the reply is not submitted by the next listing date.

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Judgement Reviewed by – Gnaneswarran Beemarao

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