Uttarakhand High Court
Manoj Negi vs State Of Uttarakhand & Others on 9 March, 2015
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No.316 (SS) of 2015
Manoj Negi ...........Petitioner
Versus
The State of Uttarakhand & others ..........Respondents
Hon'ble Sudhanshu Dhulia, J. (Oral)
1. Mr. Jitendra Chaudhary, Advocate, present for the petitioner.
2. Mr. Vikas Pandey, learned Brief Holder, present for the State/Respondent no.1.
3. Mr. B.D. Kandpal, Standing Counsel for the respondent no. 2.
4. Mr. Rakesh Thapaliyal, learned Assistant Solicitor General, present for the Union of India/respondent no.3
5. The petitioner had submitted online application form for the post of Assistant Regional Inspector in transport department within time i.e. before 25.12.2014. The last date of submission of examination fee was 29th December, 2014. This again the petitioner did on time on 27.12.2014. However, the hard copy was also sent by the petitioner on 31st December, 2014. It ought to have reached the office of Uttarakhand Public Service on or before 6th January, 2015.
6. According to the petitioner the application form of the petitioner reached the office of Public Service Commission the next date i.e. on 7th January, 2015. Therefore, he is not being given the Admit Card and the examination is scheduled to be held on 14.03.2015. Learned counsel for the Uttarakhand Public Service 2 Commission reiterates that as per the Rules, in no condition application forms will be accepted after the last date. Be that as it may. There is prima facie a special equity in favour of the petitioner.
7. In view thereof, an interim mandamus is hereby issued. The State Public Service Commission is hereby directed to issue Admit Card to the petitioner and allow him provisionally to appear in the examination after scrutiny of his testimonial.
8. Respondents shall file their reply within a period of four weeks. List this matter after four weeks in a daily cause list.
9. Registry is hereby directed to supply a certified copy of this order to the learned for the petitioner on payment of usual charges today itself.
(Sudhanshu Dhulia, J.) 09.03.2015 ML