Challenging the Notification dated 28.06.2011 issued by the fourth respondent / the District Adi-Dravidar and Scheduled Tribes Welfare Officer, Nilagiri District, calling for applications for appointment to the post of Cook in Government Tribal Residential Schools and Hostels, the petitioner has filed this writ petition with a huge delay of 6 years from the date of Notification. It is also further stated in the said Notification that they are going to fill up the post of Cook by way of direct recruitment and therefore, those, who are interested, are directed to appear in person on 14.07.2011 at 11 a.m. at the office of the Nilagir District Adi-Dravidar and Tribal Welfare Department, Udhagamandalam, with all relevant certificates.
2. It is submitted by the learned counsel for the petitioner that although the petitioner appeared on the said day for interview along with 48 other persons, he was not selected and it is further stated that out of 7 selected candidates, none has been selected for the said post from Scheduled Tribes though 7 persons had attended the interview. Therefore, it is contended, there were some irregularities committed by the official respondents while selecting the candidates for the post of Cook.
3. But, this Court is unable to find any merit on the above said submission. In my view, when the selection was conducted in the year 2011, the petitioner, having not been selected in the selection process, ought to have approached this Court immediately. Indeed, from the typed-set filed by him, it is seen that he had sent numerous representations to the various authorities in the year 2011, but, immediately finding no response, he ought to have approached this Court in the year 2011 itself, which he has not done so. Of-course, when he has filed a condone delay application in the year 2014, the same was ordered. However, due to passage of time i.e. 6 years, this Court is unable to find any reason to entertain the writ petition, for, if the claim of the petitioner is taken on record, the right of those persons who were appointed in the year 2011 itself would be vanished as they have been admittedly working for more than 6 years.
4. It is well settled law that the delay defeats justice and equities. Equity favours a vigilant rather than an indolent litigant and this being the basic tenet of law, the question of entertaining the prayer of the petitioner, challenging the Notification dated 28.06.2011 issued by the fourth respondent, after a lapse of 6 long years, cannot arise in this matter.
5. Thus, for the reasons stated above, the writ petition fails and the same is dismissed on the ground of latches. No Costs. WMP.No.31279 of 2017 is closed. 14.11.2017 rkm Index:yes/no To
1.The Secretary to the Dept. of Adi-Dravidar Welfare, Fort St. George, Chennai 9.
2.The Director and Commissioner, Office of the Department of the Tribal Welfare, Ezhilagam, Chepauk, Chennai 5.
3.The Collector of Nilagiri District, Udhagamandalam, Nilagiri District.
4.The District Adi-Dravidar and Scheduled Tribes Welfare Officer, Nilagiri District.
5.The District Employment Officer, District Employment Exchange, Nilagiri District.
T.RAJA, J.
rkm W.P.No.29050 of 2017 14.11.2017