Ignorantia Juris Sui non Prasejudicat Juri

1999 CLC 1892 PESHAWAR-HIGH-COURT Judicial Precedent

Art. 199Civil serviceMaxims "Ignorantia juris sui non prasejudicat juri" and "Ignorantia juris sui non praejudicat juri"Meaning and applicability

Petitioner had claimed that he, after being tested and interviewed, was selected for post of typist, but letter of appointment prepared in his name was never served on him with mala fide intention to appoint other person at his place

Authorities had contended that petitioner had himself failed to report his arrival within a month of issuance of letter of appointment to him

Evidence on record had proved that letter of appointment was not conveyed to the petitioner and ensuing delay in reporting his arrival for resumption of duty could not be attributed to petitioner

High Court applying the principle of "Ignorantia praesumitur ubi scientia non probatur (ignorance is presumed where knowledge is not proved), had benefited petitioner with a co-relative principle of "ignorantia juris sui non praejudicat juri (ignorance of one's right does not prejudice the right) and directed Authorities to extend time of joining duty by modifying appointment order of petitioner enabling him to get relief.