Writ - A. No. 7401 of 2015. Case: Rajendra Patel Vs State of U. P and Anr.. High Court of Allahabad (India)
| Case Number | Writ - A. No. 7401 of 2015 |
| Counsel | For Petitioner: Siddharth Khare, Ashok Khare, Advs. and For Respondents: C. S. C., Nisheeth Yadav, G. K. Singh, Advs. |
| Judges | Dr. D. Y. Chandrachud, C.J. and Dilip Gupta , J. and Yashwant Varma , J. |
| Issue | Constitution of India - Article 320 |
| Citation | AIR 2015 All 161 |
| Judgement Date | August 14, 2015 |
| Court | High Court of Allahabad (India) |
Judgment:
Dr. D. Y. Chandrachud, C.J.
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This reference to the Full Bench has been occasioned by a referring order dated 2 April, 2015.
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The Uttar Pradesh Public Service Commission (Commission) issued an advertisement on 24 April, 2014 notifying the Combined State/Upper Subordinate Services Examination 2014. The petitioner participated in the preliminary written examination on 3 August, 2014. Candidates who had qualified in the preliminary written examination were required to submit an online application for appearing at the main written examination. An advertisement was issued on 4 October, 2014 by the Commission notifying that the candidates who had been declared successful in the preliminary examination should visit the website of the Commission for obtaining information in regard to the process to be followed for appearing at the main Commission examination. The four stages with a time schedule indicated in the advertisement were as follows:
(i) Date for the filling up of applications online on the website of the Commission for appearing at the main examination and selection of the examination centre and the two optional subjects.
From 1 October, 2014 to 11 October, 2014
(ii) The last date for submitting the examination fee through the process of E - Challan/I - Collect (through SBI/PNB).
Upto 17 October, 2014
(iii) The last date for the submission of online applications after submission of the examination fee and obtaining its print out.
Upto 20 October, 2014
(iv) Submission of the applications in the conventional hard copy together with all the accompanying documents in the office of the Commission either through registered post or through personal delivery.
Upto 27 October, 2014 by 5 pm
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On 27 October, 2014, the Commission issued a further advertisement stating that the main examination would be conducted between 5 November, 2014 and 21 November, 2014 in the districts of Allahabad and Lucknow. All the candidates were informed that they were being granted provisional permission to appear at the main examination subject to the condition that they had completed the process for fulfilling all the aforesaid four stages within the stipulated time and if it was found upon scrutiny that any candidate had failed to complete any of the four stages in time, his candidature was liable to be rejected. We are extracting hereinbelow the relevant part of the advertisement dated 27 October, 2014:
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The brochure which was issued by the Commission to the candidates similarly provided as follows:
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Under the notice dated 27 October, 2014 and the conditions stipulated in the brochure all the candidates were placed on notice that they were being permitted to appear at the main written examination subject to the condition that the candidate should have completed all the four stages of the process failing which the candidature of the candidate would be cancelled.
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In the present case, the facts are that the petitioner submitted an online application form for appearing at the main examination before the last date prescribed. A hard copy of the application form was sent to the Commission by speed post on 16 October, 2014. The speed post cover was tendered at the office of the Commission by the postal authorities on 31 October, 2014. The postal cover was not accepted on the ground that it was submitted beyond the last date. A provisional admit card had, in the meantime, been issued to the petitioner for appearing in the main examination and the petitioner appeared at the examination which was held between 5 and 10 November, 2014. The result of the petitioner was not declared. A writ petition was, accordingly, filed commanding the Commission to accept the hard copy of the application form and not to reject the candidature of the petitioner on the ground that the hard copy had been tendered after 27 October, 2014. A direction was also sought for the declaration of the result of the petitioner.
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When the writ petition came up before the Division Bench, the Court noted a conflict between the views taken by two coordinate Division Benches these being in (i) Nirbhay Kumar v. U. P. Public Service Commission, Special Appeal No. 541 of 2014 deided on 30 May, 2014; and (ii) Raj Narayan Singh v. U. P. Public Service Commission Writ A. No. 9651 of 2015 decided on 18 February, 2015.
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In the judgment in Raj Narayan Singh (supra), a Division Bench of this Court while construing the provisions of the same advertisement has held, following a judgment of the Full Bench of this Court in Neena Chaturvedi v. Public Service Commission ((2010) 4 UPLBEC 2876: (2011 (1) ALJ 382 (FB)) that the petitioner had an option to submit the application form by registered post or by hand delivery. The Division Bench held that as the candidates were clearly placed on notice that in the event the application form was not received in time, it would...
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