Court No. - 29 Case :- WRIT - A No. - 37002 of 2010 Petitioner :- Amrita Yadav And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Rajiv Kumar Yadav Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioners and learned Standing
Counsel for the State-respondents.
On behalf of the petitioners, 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 petitioners have dispatched their
application forms by speed post on 6th June, 2010 and in normal
course, the application form should have been delivered in the office of
respondent no.4 on or before 8th June, 2010. Learned counsel for the
petitioners 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 from being confined through registered post/speed post
only). Petitioners 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 petitioners 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.4 shall consider the application-form of the petitioners
provided it had been dispatched by speed post on 6th June, 2010. For
the purpose, petitioners are granted liberty to make a representation
before respondent no.4 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.
(Arun Tandon, J.)
Order Date :- 28.6.2010
Sushil/-