STATE OF KARNATAKA Vs. BASAVARAJ. YARADEMMI

JUDGEMENT

(1.) Writ Petitioners being Government and its Officers are knocking at the doors of Writ Court for assailing the Order dtd. 25/10/2021 made by the Karnataka State Administrative Tribunal, Belagavi, whereby the private respondent's Application No.7228/2017 has been allowed granting the following reliefs:

(2.) Having heard the learned Government Advocate appearing for the petitioners and perused the petition papers, we decline to grant indulgence in the matter in the admitted position that the job Application was filed in time, although Certificate evidencing the cooking experience was produced thereafter; in a society of like ours, procurement of documents from the concerned authorities poses some difficulty to the job aspirants; what prejudice would be caused to the public interest should the qualification certificates produced bit later are accepted, is not forthcoming, despite strenuous argument of learned GA. Ordinarily, production of documents which need to be procured from other agency, would take some time and prescription of period for their production cannot be treated as mandatory. This view gains support from a decision of Hon'ble Apex Court in Ram Kumar Gijroya Vs. Delhi Subordinate Services Selection Board and Another, (2016) 4 SCC 754, relied upon by the Tribunal.

(3.) Yet another reason that dissuades us from granting indulgence is that the applicant is a Project Displaced Person and therefore, some leniency needs to be taken to persons of the kind; the Courts have observed in matters like this, that the Government being the model employer has to be a bit lenient, unless culpability on the part of the job aspirants causes prejudice to the public interest, which is not the case here. Added, the impugned order was made by the Tribunal on 25/10/2021 prescribing a period of three months for issuance of appointment letter. However, this writ petition has been filed only on 22/4/2022, thus, brooking enormous delay and latches that have not been plausibly explained in the pleadings; it has long been said that the Writ Courts do not come to the aid of sleepy & tardy, even when the petitioner happens to be the Government and its Officers. What applies to goose applies to gander. In a Welfare State, the Govt. as a litigant is ordinarily governed by the same norms that govern the commoners. Thus, justice of the case warrants petition is being rejected than being granted.