Court No. - 18 Case :- WRIT - A No. - 40261 of 2010 Petitioner :- Mahendra Pratap Respondent :- State Of U.P. & Others Petitioner Counsel :- Y.P. Singh Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the
State-respondents.
On behalf of the petitioner, it is contended that as per the advertisement
published for admission to Basic Teaching Certificate Course-2010, the only
mode prescribed for submission of the application-form was by way of
Registered Post/Speed Post. The last date of receipt of the application form
mentioned in the advertisement is 8th June, 2010. It is stated that the
petitioner has dispatched his application form by speed post on 3rd June, 2010
and in normal course the application form should have been delivered in the
office of respondent no.2 on or before 8th June, 2010. Learned counsel for the
petitioner submits that if any delay is caused by the post office, which in the
facts of the present case has to be treated as the agent of respondents (because
of mode and manner of submission of application form being confined
through registered post/speed post only). Petitioner cannot be made to suffer.
In the facts of the present case, I am of the considered opinion that since the
respondents themselves prescribed only one mode for submission of
application form for admission to Basic Teaching Certificate Course-2010 i.
e. Registered Post/Speed Post, any delay caused in delivery of the application
form of the petitioner by the post office, cannot be to the disadvantage of the
petitioner. Any condition in the advertisement to the contrary would be of no
legal consequence.
Accordingly, the present writ petition is disposed of by providing that
respondent no. 3 shall consider the application-form of the petitioner provided
it had been dispatched by speed post/registered post on 3rd June, 2010. For the
purpose, petitioner is granted liberty to make a representation, before
respondent no. 2 along with photo stat copy of the original receipt of the post
office and a certified copy of this order within one week from today. The
respondent no. 3 shall pass necessary orders and take all consequential action
within two weeks thereafter.
Order Date :- 14.7.2010
Pkb/