V.LALITHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner was the Original Applicant and she filed the Original Application in OA.No.1608/2013 before the 4th respondent / Tribunal, to call for the records of the respondents 1 to 3 relating to the selection of respondents 4 to 14 therein, vide order dated 18.11.2009 passed by the 3rd respondent and setting aside the selection and appointment of respondents 4 to 14 as Pre Primary School Teachers with a consequential direction, directing the respondents 1 to 3 to conduct selection in accordance with law and consider the case of the Original Applicant/writ petitioner herein, in accordance with law.

(2.) There was a delay of 499 days in filing the Original Application and to condone the same, the Original Applicant/writ petitioner herein filed a Miscellaneous Application for condonation of the said delay and it is relevant to extract the relevant portion of the affidavit:-

(3.) The official respondents had filed the Reply Statement dealing with the merits of the matter also and took a stand that out of 58 candidates, 9 candidates were selected for the post of Pre Primary School Teacher and 4. candidates were wait listed by the Recruitment Committee for selection to the post of Pre Primary School Teacher in Mahe region in the Meeting held on 18.12.2007 and 12 candidates [including 3 wait listed candidates] were engaged as Pre Primary School Teachers vide proceedings dated 18.11.2009. The official respondents also took a stand that the Original Applicant/writ petitioner was not selected by the Recruitment Committee for the post of Pre Primary School Teacher and her name was not even included in the wait listed candidates and nearly after a lapse of two and half years, she has no right to challenge the selection made during the year 2009 on the ground that she is more meritorious than the selected candidates.