Case Note & Summary
The petitioner, Maheshkumar Jayantilal Patani, was originally appointed as a Lok Rakshak in 2011 but was found to suffer from colour blindness, leading to his disqualification. He did not immediately challenge this disqualification. Subsequently, other candidates with similar disqualification approached the High Court and succeeded in having their disqualifications set aside on the ground that colour blindness could not be considered a disqualification. After this order, the petitioner approached the High Court in 2019, but his writ petition was dismissed on the ground of delay, as he was considered a fence-sitter who awaited the outcome of other petitions. This dismissal was confirmed by a Division Bench in a Letters Patent Appeal, and the Supreme Court also dismissed his Special Leave Petition on the question of delay. Despite these unsuccessful challenges, the petitioner filed a fresh writ petition in 2025, arguing that in similar cases the court had condoned delay. The High Court, in the present Letters Patent Appeal, dismissed the appeal, holding that the petitioner had already exhausted all remedies and the earlier decisions had attained finality. The court noted that the petitioner was a fence-sitter and could not be granted relief after having failed in all previous attempts. The appeal was dismissed with no order as to costs.
Headnote
A) Service Law - Lok Rakshak Appointment - Colour Blindness Disqualification - Delay and Laches - Petitioner appointed as Lok Rakshak in 2011 but disqualified due to colour blindness - He did not challenge immediately; after other candidates succeeded in 2019, he filed writ petition which was dismissed on delay - Appeal and SLP also dismissed - Fresh writ petition in 2025 dismissed as barred by res judicata and laches - Held that a fence-sitter cannot be granted relief (Paras 1-8).
Issue of Consideration
Whether a candidate who was disqualified on ground of colour blindness and whose earlier challenges were dismissed on delay can file a fresh writ petition after other similarly situated candidates succeeded.
Final Decision
The Letters Patent Appeal is dismissed. No order as to costs.
Law Points
- Delay and laches
- Fence-sitter doctrine
- Res judicata
- Colour blindness as disqualification for Lok Rakshak
