Allahabad High Court
Arkesh Kumar vs Uttar Pradesh Public Service ... on 22 January, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 504 of 2021
Petitioner :- Arkesh Kumar
Respondent :- Uttar Pradesh Public Service Commission And Another
Counsel for Petitioner :- Munesh Kumar,Ashish Kumar
Counsel for Respondent :- M.N. Singh
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri Sumit Suri, holding brief of Sri Nipun Singh for the respondents.
Petitioner has passed preliminary examination for Upper Subordinate Examination conducted by U.P. Public Service Commission but has not been able to fill up the form for mains examination. He has approached this Court with the grievance that representation filed by the petitioner for accepting the application form belatedly is not being considered.
Learned counsel for the respondents places reliance upon an order passed by this Court in Writ Petition No.10729 of 2019, whereby similar plea has been rejected by this Court vide following orders passed on 23.7.2019:-
"Heard learned counsel for the petitioner and Sri Nisheeth Yadav, learned counsel for the respondent Commission.
Petitioner's candidature for recruitment in the PCS Main Examination 2018 has been rejected on the ground that petitioner's hard copy of application was delivered after the last date prescribed for receiving it by the Commission.
Learned counsel for the petitioner submits that petitioner's online application was already registered and no difficulty would be caused in accepting petitioner's claim even if the Department of Posts consumed some extra time.
Issue in that regard has already been considered by the Full Bench of this Court in Rajendra Patel vs. State of U.P. and another being Writ Petition No.7401 of 2015. The question referred to the Full Bench has been answered in following terms:-
"For these reasons, we hold that where the Commission requires the submission of a hard copy of the online application together with all accompanying documents by a prescribed last date and has clearly placed the candidates on notice of the fact that an application which is submitted beyond the last date together with the prescribed documents would result in the invalidation of the candidature, the condition which has been imposed by the Commission would have to be scrupulously observed. It would not be open to the Court to hold that notwithstanding such a clear condition, an application which has not been received by the last date should be entertained. The Commission has given an option to candidates of submitting their applications in the hard copy by either of the two modes, namely by registered post or by personal delivery. A candidate who has opted for one of the two modes, is required to comply with the condition that all the requisite four stages are completed within the time stipulated.
The reference is answered accordingly. The petition shall now be placed before the regular bench for disposal in the light of the reference answered."
In view of the conclusive opinion expressed by the Full Bench, which goes against the petitioner, no relief can be granted to the petitioner.
Learned counsel for the petitioner places reliance upon a judgment of the Apex Court in Ashutosh Agnihotri vs. High Court of Madhya Pradesh and others, 2018 (1) SLR 498.
Perusal of the aforesaid judgment would go to show that it was in the special circumstance of a particular case that the Apex Court had accepted petitioner's contention. No principle of law can be culled out from the aforesaid judgment of the Apex Court which appears to have been passed in exercise of their Lordships jurisdiction under Article 142 of the Constitution of India.
In view of the above, no relief can be granted to the petitioner. Writ petition, accordingly, fails and is dismissed."
In view of the pronouncement of law by the Larger Bench of this Court in the case of Rajendra Patel vs. State of U.P. and another being Writ Petition No.7401 of 2015, as also for the reasons recorded in the order dated 23.7.2019, no direction can be issued to respondents to accept petitioner's claim, even after expiry of last date for filling up application form.
Writ petition, accordingly, is dismissed.
Order Date :- 22.1.2021
Anil
