Allahabad High Court
Awadhesh Kumar Maurya vs State Of U.P. And 3 Others on 19 September, 2019
Author: Jayant Banerji
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- WRIT - A No. - 13035 of 2019 Petitioner :- Awadhesh Kumar Maurya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ganesh Shanker Srivastava,Om Prakash Kannaujia Counsel for Respondent :- C.S.C.,Fuzail Ahmad Ansari,M.N. Singh Hon'ble Jayant Banerji,J.
Heard Sri Ganesh Shanker Srivastava, learned counsel for the petitioner.
Sri Fuzail Ahmad Ansari, learned counsel appears for the respondent nos. 2,3 and 4. Learned Standing Counsel appears for the respondent no.1.
Sri Fuzail Ahmad Ansari, learned counsel has filed a short counter affidavit today which is taken on record.
This writ petition has been filed with the following prayer:
"i) a writ, order or direction in the nature of Mandamus directing the respondents to provisionally allow the petitioner to appear in interview process for the post of Assistant Statistical Officer conducted by Uttar Pradesh Public Service Commission conducted from 22 August, 2019 onwards in pursuance of Advertisement No. 4/2014-15, Department No.-S- 02-09 dated 17.03.2015."
The contention is that an advertisement was issued for the post of Assistant Statistical Officer (General Recruitment) by the U.P. Public Service Commission. The contention of the learned counsel for the petitioner is that the advertisement provided only for submission of the online form and there was no provision for submitting the print out of the application with enclosures by hand or by post. The petitioner filled an online form and a screening test was conducted on 11.11.2018. The petitioner was successful in the screening test, whereafter the Commission issued an online notification to successful candidates to submit their academic and other details online and submit the hard copies of the academic records and other details with online filled form from 16.5.2019 to 3.6.2019. It is stated that the online form with all academic qualification and other details were submitted on 18.5.2018 at 6:30 P.M., however, when he approached the office of the Commission for submission of the hard copy of the online form with the academic record and other details on 31.5.2019 and 1.6.2019, on both dates the gate of the Commission's office was closed due to employees' strike and the candidates were forcibly stopped to enter in the office of the Commission to submit the hard copies of the application form and other academic records. Therefore, the documents was sent by Speed Post on 1.6.2019 to the Commission. It is contended that the documents have been returned by the Commission with the notice that it is time barred.
Shri Fuzail Ahmad Ansari, learned counsel appearing for the Commission has stated that the petitioner has concealed material documents inasmuch as a press notification was issued on 16.5.2019 directing the candidates to submit the hard copy of their online form along with the educational qualification certificates and other documents either by Speed Post or by hand to the Head Office of the Uttar Pradesh Public Service Commission, Prayagraj at the specified counter by the specified last date i.e. 3.6.2019. It was also specified in the notification that any application submitted after the last date would not be accepted under any circumstances. Learned counsel for the Commission has also relied upon a judgement of this Court in the matter of Rajendra Patel Vs. State of U.P. and another reported in 2015 (8) ADJ 219, in support of his contention.
In the short counter affidavit filed today on behalf of the U.P. Public Service Commission, the entire advertisement for 373 posts of Assistant Statistical Officer dated 17.3.2015 is enclosed. It is stated that in the Screening Examination conducted, 1720 candidates participated of which 1261 candidates were declared successful by the Commission. Thereafter, by means of press notification dated 16.5.2019, the successful candidates were required to submit hard copies of applications, educational qualification certificates and other documents either by Speed Post or by hand to the Head Office of the U.P. Public Service Commission, Prayagraj at the specified counter by the specified last date i.e. 3.6.2019. The notification was duly published on the website of the Commission and also in the daily newspapers. In response, total 1133 candidates submitted their documents to the Commission till the last date specified in the aforesaid notification i.e. 3.6.2019. It is further stated that in the aforesaid notification, it was specifically mentioned that any application received after the last date i.e. 3.6.2019 will not be accepted under any circumstance. It is stated that Speed Post No. EU869671135IN sent by the petitioner on 1.6.2019 was delivered on 4.6.2019 to the Commission i.e. after the specified last date in the notification i.e. 3.6.2019. Hence, it was returned by the Commission as "Time Barred".
Learned counsel for the petitioner states that nothing new has been stated in the short counter affidavit.
In view of the aforesaid facts, since two modes of service were provided in the press notification dated 16.5.2019, whereby, the hard copies of online application forms and other documents were required to be submitted at the specified counter of the U.P. Public Service Commission by the specified date i.e. 3.6.2019 by hand or sent by speed post, and the fact that the documents that were sent by speed post by the petitioner were returned by the Commission when it was presented to it on 4.6.2019, no error or illegality appears in the action taken by the Commission. The judgement of this Court in the case of Rajendra Patel (supra) is squarely applicable to the facts of the present case.
In view of the aforesaid, this writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 19.9.2019 sfa/ (Jayant Banerji, J)