S.Sasikumar v. Tamil Nadu Public Service Commission

in Rev.Aplw.Sr.No.35277 of 2020 S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

This miscellaneous petition has been filed to condone the delay of 970 days in filing the Rev.Aplw.Sr.No.35277 of 2020 in W.P.No.7606 of 2019. 2.

The writ petition filed by the petitioner was rejected wiith reference to the relief sought for to appoint the petitioner as Civil Judge (Junior Division) in the Tamil Nadu State Judicial Service, an order was passed on 21.04.2017. The review application has been filed with a delay of 970 days and the reasons stated by the petitioner is the he had applied for a copy of the documents with the Registrar, High Court and the copy was delivered to the petitioner after a prolonged period. 3.

Mr.A.V.Arun, learned Counsel appearing on behalf of the petitioner would vehemently contend that the petitioner is not at fault. The petitioner duly submitted an application seeking copy of the form submitted by him pursuant to the recruitment notification. Since there was a delay in furnishing the copy of the form, the review application has been filed with a delay of 970 days.

4.

Un-condonable delay cannot be condoned by the courts in a 1/3

routine manner. Law of limitation is substantive. Filing a petition within the period of limitation is the Rule. Condonation of delay is an exception. Thus, courts are expected to ascertain the genuineness of the reasons for condoning huge delay. No doubt courts are taking lenient view to condone small amount of delay. But in respect of long delay, courts are not expected to condone, unless the reasons are candid and convincing. 5.

In the present case, the writ petition was rejected on 21.04.2017, and the review application has been filed with a delay of about three years. The issue is relating to selection to the post of Civil Judge (Junior Division) pertaining to the year 2014. Already 10 years lapsed from the date of notification. Therefore, this Court is not inclined to condone the delay and consequently, this Miscellaneous Petition stands dismissed. [S.M.S,J.] [C.K.J.] 07.06.2024 veda S.M.SUBRAMANIAM,J.

AND 2/3

C.KUMARAPPAN,J.

veda in Rev.Aplw.Sr.No.35277 of 2020 07.06.2024 3/3