LAW FOR ALL

CONSTRUCTIVE RESJUDICATE = A party should take all grounds and raise all pleas available to him and if he fails to do so, the principle of constructive res judicata applies. Supreme Court in the case of Avinash Nagra vs. Navodaya Vidyalaya Samiti and others, (1997) 2 SCC 534. In paragraph 13, it has been held that where the first writ petition challenging the order of termination of service was withdrawn without grant of liberty by the Court to file a second writ petition, the second writ petition for that very purpose would attract the principle of constructive res judicata and would, therefore, not be maintainable.= In our considered view, a party is required to take all available grounds and raise all available pleas available to him and if he fails to do so, the principle of constructive res judicata comes into play. Otherwise also, only by finding out better or more grounds, the legal position would not change because there is no scope to take a different view than what was taken by this Court earlier in the judgments noted above as well as in another Division Bench Judgement in the case of Ashok Pratap Singh vs. State of U.P. and others, (2004) 2 UPLBEC 1909. In view of aforesaid discussion, the writ petition is dismissed on the preliminary ground as not being maintainable because no liberty was sought for filing another writ petition by the petitioners and nor was it granted when their earlier writ petition was dismissed as not pressed. .