Court No. - 23 Case :- MISC. SINGLE No. - 3741 of 2010 Petitioner :- Kuldeep Kumar Sankhwar Respondent :- Director Basic Education Nishatganj Lko.And Ors. Petitioner Counsel :- R.J.Trivedi Respondent Counsel :- C.S.C.,A.S.G. Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri
Padmakant Mishra, Advocate, who has filed his power on behalf of opposite
party no.3.
By means of present writ petition, the petitioner is seeking a writ of
mandamus commanding the opposite parties no. 1 and 2 to decide the
representation of the petitioner in respect of accepting the application form
and include the same for scrutiny of selection in B.T.C. Training Course
2010.
The submission of learned counsel for the petitioner is that in pursuance of the
advertisement of B.T.C. Training Course 2010, the petitioner sent his
application form through speed post on 31.05.2010 well in time as the last
date for submission of application form was 08.06.2010. The petitioner has
received back his envelope with the endorsement refused dated 09.06.2010.
The further submission of learned counsel for the petitioner is that the delay if
any has occurred in reaching the application form is due to Postal Department
who can said to be acting as an agent of opposite party no.2 and because of
delayed delivery the petitioner cannot be made to suffer. The petitioner on
receiving back his envelope submitted his representation on 11.06.2010
before the Director of Education (Basic), Lucknow.
The learned counsel for the petitioner prays that necessary direction be issued
to the opposite party no.1 to consider and decide the representation of the
petitioner dated 11.06.2010, contained in Annexure-3 to the writ petition, by
means of a speaking and reasoned order within a stipulated period of time
fixed by this Court.
Learned Standing Counsel has no objection to the prayer made by the learned
counsel for the petitioner.
In view of the prayer of learned counsel for the petitioner, this Court without
entering into the merits of the case directs the opposite party no.1 to consider
and decide the representation of the petitioner dated 11.06.2010, contained in
Annexure-3 to the writ petition, by speaking and reasoned order within a
period of one week from the date of receipt of a certified copy of this order
and communicate the result of the same to the petitioner.
The petitioner is at liberty to make a fresh representation alongwith certified
copy of this order.
Subject to the aforesaid observations and directions, the writ petition is
disposed of finally.
Order Date :- 28.6.2010
Suresh/-