Rajasthan High Court seeks Governor's intervention after lethargic response by State in cases

The Rajasthan High Court recently expressed concern over the lethargic approach of the State government when it comes to conducting or responding to litigation cases in which it is a party [Rekha Singh & Ors v State & Ors]..Justice Ganesh Ram Meena has also sought the Governor's intervention in the matter, after noting that earlier efforts to inform higher-ups in the State government did not remedy the problem. .The Court took note of the issue on March 15, when a State counsel sought more time to file a reply in a case, despite having been served notice four years ago. "The lethargic approach of the respondent-authority shows that the respondents are not acting as a welfare State and such kind of approach may lead to catastrophic situation for the whole litigation and justice system for which the poor unemployed litigants are coming to the Courts," the Court said..The judge noted that this was not an isolated case."Many cases are being adjourned for want of presence of State counsel," the Court observed..In this regard, the Court recounted that it had recently encountered a case where no State lawyers appeared on the scheduled hearing dates on two or three occasions, despite the case having been initiated by the State itself.Justice Ram Meena observed that such issues had been flagged to the State government as well, to no avail."Many a times, it has been brought to notice of the Chief Secretary of Rajasthan and Principal Secretary, Law and Legal Affairs Department, Government of Rajasthan but till date no satisfactory arrangement has been made for representation of the State," the order stated..As such, the Court opined that the matter should now be brought to the notice of the Governor, so that he may issue appropriate instructions to the State government."This Court feels that the matter should be brought to notice of His Excellency the Governor of Rajasthan for issuance of instructions to the State Government to look into the matter so that the interest of the State can be safeguarded ... Registrar (Judicial) is directed to send a copy of this order to His Excellency the Governor of Rajasthan, Chief Secretary of the State of Rajasthan as also to the Principal Secretary, Law and Legal Affairs Department, Government of Rajasthan," the Court's order stated. .The Court was dealing with a service dispute, wherein the petitioners sought appointment to the post of Teacher Grade-III (Special Education). The petitions before the Court were filed in 2018-19.According to the Court's March 15 order, the case papers were served on the office of the State government's counsel on January 22, 2020. Thereafter, the State counsel is said to have sought time to reply in February 2020 and in September 2023. When the case was listed on March 15, the State counsel again sought for more time to reply. While the Court was not pleased with the request, it eventually granted the State one last opportunity to file a reply by giving it two weeks time. The Court also warned that the State would have to pay ₹10,000 to each of the four petitioners if it fails to file a reply by the next date of listing..The matter is listed next on April 3.Advocate Jai Raj Tantia appeared for the petitioners.Additional Advocate General Basant Singh Chhaba and advocates Rahul Gupta, Shubhendu Pilania appeared for respondent-authorities..[Read Order]