ORDER

Swarup Kumar Mishra, Member (J):

For the sake of clarity and better understanding a few facts of the matter need to be stated that, the Union Public Service Commission published advertisement on 14/08/2011 inviting applications from eligible candidates for appointment to the post of Lecturer in Computer Engineer Department of Dr. B.R.Ambedkar Institute of Technology (BARAIT, Port Blair). According to applicant, he belongs to OBC community and in pursuance of the said advertisement, he applied for the post in question. He attended the interview held by the UPSC on 07/05/2012. List of selected candidates for the said post was published by the UPSC vide Annexure-A/3 in which his name did not find place. Being aggrieved 2 MA 658/2022 (In O.A.No. 260/00678 of 2019) by his non selection, he had sought information under RTI Act, 2005.

On receipt of information, he filed Writ Petition on 13.05.2019 in the guise of Public Interest Litigation before the Hon’ble High Court of Orissa for the cause of action of 2012, which was numbered as W.P (C) No. 9013 of 2019 and the same was disposed of on 15/07/2019 with observation that “since the petitioner has an alternative remedy before the Tribunal, this Writ Petition stands disposed of. It is open for the petitioner to approach the Tribunal for appropriate remedy, as provided in law.” Accordingly, this OA has been filed on 09/10/2019 inter alia praying for the following reliefs:-

“(i) That this original application may kindly be admitted;

(ii) Issue notice to Opp. Parties;

(iii) Connected records may called for perusing the same the illegal appointment made by the Opp. Parties for the post of Lecturer in Computer Engineering Department, Dr. B.R. Ambedkar Institute of Technology (BARAIT), Port Blair ignoring the meritorious successful candidates may be removed/quashed and applicant may allow to join in the above post pursuant to the advertisement by considering as one of the successful candidate in the list.

(iv) The selection of candidates for the post of lecturer in Computer Engineering in UPSC, New Delhi may be declared illegal and allows the meritorious candidates to join in the said post by conducting proper inquiry;

(v) Any other or further relief this Hon’ble Tribunal may deems fit and proper may pass in favour of the Applicant.”

2. As Ld. Counsel for the respondents pointed out that this O.A. is hit by law of limitation and, considering the prayer of the applicant, this Tribunal vide vide order dated 26.06.2020 and 21.09.2022, granted opportunity to the applicant to file MA, if any, seeking condonation of 3 MA 658/2022 (In O.A.No. 260/00678 of 2019) delay. On 27.10.2022, the applicant filed MA No. 658/2022 seeking to set aside the issue related to delay. The grounds set forth by the applicant in support of the relief in the MA are as under:

“That, the cause of action of this corruption arises in the year 2012 and the last offer of appointment letter to Ms Shrabani Mallik was issued on 02/11/2012 by UPSC, New Delhi. As per the information received the signed ready offer of appointment letter was issued on 07/11/2012 and probably Ms. Shrabani Mallik had joined to the post on November, 2012 after receiving the offer of appointment from DBRAIT., Port Blair. As per the UPSC guidelines, the Reserve list will be operated for filling up of replacement vacancies in cases where a candidate is resigning the post or in the event of his death within a period of one year from the date of his joining the post. Again the Reserve list will be operated up to 18 months from the date of finalization of the IBR under normal circumstances and, in exceptional cases, it could be extended up to 2 years. Hence the Reserve list was valid till November, 2014 if we consider the