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It is pertinent to note that subsequently similar selection process was initiated for selection in the said post. On September 1, 2008, these petitioners participated in such subsequent selection process. This fact was not disclosed in the said original application.

The Supreme Court in the case of Ramesh Chand Sharma versus Udham Singh Kamal and others reported in (1999)8 Supreme Court Cases 304 held that the explanation for delay sought to be given before the Supreme Court could not be entertained by the Supreme Court as no foundation thereof was laid before the tribunal.