Punjab-Haryana High Court
Dr. Kamal Kumar vs State Of Haryana And Another on 26 July, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 14077 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP No. 14077 of 2012
Date of Decision : July 26, 2012
Dr. Kamal Kumar
.... PETITIONER
Vs.
State of Haryana and another
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. M.K.Dogra, Advocate,
for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court with a grievance that despite he having taken due caution and care to send his application for the post of Professor of Dravya Guna on 06.01.2012 through speed post and the last date for receipt of the application was 09.01.2012, his candidature has been rejected merely on the ground that the application reached the office of Haryana Public Service Commission on 12.01.2012 i.e. beyond the last date of submission of the applications. He contends that no fault can be attributed to the petitioner as he had, well in time, send his CWP No. 14077 of 2012 2 application through speed post. His submission is that the petitioner would attain the age of 45 years on 20.07.2012 and this would be his last opportunity to participate in the selection for the post advertised and, therefore, prays that a direction may be issued to the respondents to accept his application and his candidature and he be permitted to participate in the selection process.
I have considered the submissions made by the counsel for the petitioner and have gone through the records of the case.
It is admitted that the cut off date for receipt of application forms for the post was 09.01.2012 and the application, which was sent by the petitioner on 06.01.2012 through speed post, was delivered in the office of the Haryana Public Service Commission on 12.01.2012 i.e. beyond the last date.
In the light of the Full Bench judgment of this Court in Som Dutt vs. State of Haryana and another, 1983 (3) SLR 141, the contention of the counsel for the petitioner that no fault can be attributed to the petitioner because of the delay of the postal authorities in delivering the letter, cannot be accepted, wherein it has been held that it is the responsibility and duty of the candidate to submit the application form before the last date of such receipt of applications. The next contention, as raised by the counsel for the petitioner with regard to the petitioner becoming overage for subsequent selection, the same cannot be redressed by this Court as the age either is provided under the statutory Rules or there is a CWP No. 14077 of 2012 3 provision for grant of relaxation by the competent authority. Merely because the petitioner would become overage for the subsequent selection, direction cannot be issued to the respondents to accept the candidature of the petitioner, which application was not received by the Haryana Public Service Commission within the time stipulated.
Finding no merit in the present writ petition, the same stands dismissed.
(AUGUSTINE GEORGE MASIH )
July 26, 2012 JUDGE
pj