Court No. - 18 Case :- WRIT - A No. - 39843 of 2010 Petitioner :- Alka Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Balwant Singh Respondent Counsel :- C. S. C.,A.S.G.I.(2010/1344) Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner, Sri A.K. Rai, learned counsel
for respondent no.4 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 her
application form by registered post on 4th 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. 2 shall consider the application-form of the petitioner
provided it had been dispatched by speed post/registered post on 4th
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. 2 shall pass
necessary orders and take all consequential action within two weeks
thereafter.
(Arun Tandon, J.)
Order Date :- 12.7.2010
Sushil/-