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6. Per contra, Mr. S.M.Arif, the learned counsel appearing for the respondent-SSC, invited our attention to the call letter (Annexure A/8) issued by SSC to the applicant, the applications dated 4.12.2012 (Annexure A/9), and dated 13.2.2013 (Annexure A/10), purportedly made by the applicant to one Mr.U.K.Sinha, Under Secretary, and to the Under Secretary (C-1/1) respectively, and argued that as per the preference for posts indicated by the applicant, SSC issued the call letter (Annexure A/8) calling upon him to present himself for Data Entry Skill Test for the post of Tax Assistant and also for submission and verification of documents for other non-interview posts on 26.11.2012. The said call letter being downloadable from the website of SSC, and also having been duly issued by SSC to the applicant by Speed Post, the applicant's plea that due to non-receipt of the call letter, he could not appear on the date fixed for Data Entry Skill Test, and for submission and verification of documents, is untenable, besides OA 47/14 7 Sh.Malekun Naseer v.UOI & ors being frivolous. It was also contended by Mr.S.M.Arif that the purported applications dated 4.12.2012 and 13.2.2013, ibid, were never made by the applicant to any officer of SSC, far less to Mr.U.K.Sinha, Under Secretary, or to the Under Secretary (C-1/1) of SSC. Mr.S.M.Arif also submitted that it was clearly stipulated in the call letter (Annexure A/8) that the candidates, who did not intend to appear in Data Entry Skill Test, should attend on the appointed date for verification of documents, failing which they would not be considered for any post. Therefore, there was no scope for submission of documents by the applicant and verification thereof by SSC on any date other than 26.11.2012, and the applicant was rightly not considered for selection and appointment to any non-interview post.

8. It is the admitted position between the parties that the result of Tier II of the written examination was declared by SSC on 18.10.2012, and the applicant scored aggregate marks of 317.75 in Tiers I and II of the written examination, on the basis of which he qualified for non-interview post of Tax Assistant for which Data Entry Skill Test was prescribed, and for other non-interview posts for which no Data Entry Skill Test was prescribed.

9. It is also the admitted position between the parties that the applicant did not present himself on 26.11.2012 for Data Entry Skill Test and for submission and verification of documents, including attestation forms.

10. The applicant has stated that due to non-receipt of the call letter dated 26.10.2012 (Annexure A/8) by him, he could not present himself on 26.11.2012 for Data Entry Skill Test and for submission and verification of OA 47/14 10 Sh.Malekun Naseer v.UOI & ors documents, and that on the advice of the office of SSC, he downloaded the said call letter from the website of SSC on 2.12.2012. Thus, it is clear that the call letters to candidates, who were declared to have qualified for Data Entry Skill Test and for submission and verification of documents for the post of Tax Assistant and other non-interview posts on the appointed date(s), as indicated in their respective call letters, were not only downloadable from the website of SSC by those candidates, but also despatched by SSC to all those candidates by SSC through Speed Post. The applicant has not specifically disputed the statement of SSC that the candidates, who did not receive the call letters, were issued duplicate call letters by SSC, when they approached and made such request to SSC on the ground of non-receipt of call letters by them. Had the applicant made such request to SSC to issue duplicate call letter, SSC could have issued the same. But the applicant neither downloaded the call letter from the website of SSC, nor did he approach and make such request to SSC before the appointed date, if at all he did not receive the call letter despatched by SSC to him through Speed Post. Along with its counter reply, SSC has filed the original receipt granted by the Department of Posts showing despatch of call letters to the applicant and some other candidates by Speed Post. The applicant has not produced before us any contemporaneous document to show that the call letter dated 26.10.2012 despatched by SSC to him through Speed Post was not delivered by the concerned Post Office to him on any date before 26.11.2012, i.e., the date fixed for Data Entry Skill Test and for submission and verification of OA 47/14 11 Sh.Malekun Naseer v.UOI & ors documents, etc. In the above view of the matter, we have no hesitation in rejecting the plea of the applicant that solely due to non-receipt of the call letter dated 26.10.2012 he could not present himself on 26.11.2012 for Data Entry Skill Test and for submission and verification of documents, etc.

13. In the call letter dated 26.10.2012 (Annexure A/8), which has been reproduced in paragraph 7 above, it was clearly stipulated that the candidates, who did not intend to appear in Data Entry Skill Test, should attend on the appointed date for verification of documents, failing which they would not be considered for any post. Having failed to present himself on 26.11.2012 for submission and verification of documents, including attestation forms, and also having failed to establish his pleas that his documents were verified by SSC on 4.12.2012, and that further opportunity was granted by SSC to any other similarly placed candidate, the applicant cannot be allowed to claim selection for non-interview post of Auditor, etc., for which no Data Entry Skill Test was prescribed. Thus, no fault can be found with the respondent-SSC for not considering the applicant's candidature for selection and recruitment to any non-interview post for which no Data Entry Skill Test was prescribed.