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Welfare State, the Government as a litigant is ordinarily governed by the same norms that govern the commoners : karnataka high court

This particular decision is held by the High Court Of Karnataka through the division bench of Justice Krishna S Dixit and Justice P Krishna Bhat  in the case of THE STATE OF KARNATAKA REP BY ITS SECR SOCIAL WELFARE DEPT And BASAVARAJ. YARADEMMI & ANR

Facts 

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 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 on 25.10.2021 prescribing a period of three months for issuance of appointment letter. However, this writ petition has been filed only on 

22.04.2022, 

Order and judgements 

“In a society 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.”

“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.”

“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.”

“Brooking enormous delay & 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.”

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Judgement reviewed by- Mohammed Shoaib

Click here to view the judgement 

 

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