Allahabad High Court
Azad Kumar vs Registrar General, High Court ... on 25 January, 2021
Bench: Mahesh Chandra Tripathi, Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 1210 of 2020
Appellant :- Azad Kumar
Respondent :- Registrar General, High Court Allahabad And 3 Others
Counsel for Appellant :- Ganesh Shanker Srivastava,Vinod Kumar Maurya
Counsel for Respondent :- A.S.G.I.,Ashish Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri G.S. Srivastava, learned counsel for appellant and Shri Rahul Srivastava, learned counsel for the respondent no.1. Smt. Aradhna Chauhan appears for respondent nos.2 to 4.
This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has arisen from judgment and order dated 22.9.2020 passed in Writ A No.6050 of 2020 (Azad Kumar vs. Registrar General, High Court, Allahabad and 3 others) by which learned Single Judge has proceeded to dismiss the writ petition.
Learned counsel for the appellant submits that the petitioner applied for the post of Farrash in pursuance of the advertisement dated 05.2.2018 published by this Court. He appeared in the written examination on 25.8.2019 and the list of short listed candidate was issued, wherein the name of the petitioner was shown at serial no.342 with roll no.250819002600. Thereafter, interview letter was sent to him by speed post calling him to appear for interview on 29th June, 2020. The speed post letter was dispatched on 16.6.2020 fixing the date for verification of the document and interview on 29.6.2020 but due to lock down the aforesaid letter was not duly served by the postman to the appellant and he was served the interview letter on 02.7.2020. After receipt of the interview letter, the petitioner tried to approach this Court for redressal of his grievance but due to non-availability of the transport, he came to Allahabad on 06.7.2020 and submitted an application before the Registrar General of this Court. When no action was taken by the respondent authorities, the petitioner preferred the aforesaid writ petition with request to issue direction to the respondent to provide an opportunity to him to submit the documents for verification and interview for the post of Farrash and learned Single Judge has dismissed the writ petition.
Per contra, Sri Rahul Srivastava, learned counsel for the Registrar General of this Court submits that the final result of the aforesaid examination was declared in the month of July, 2020 and in response thereof, all the selected candidates have also joined their service. In absence of any impleadment of the selected candidates, no reprieve can be extended to the petitioner.
Learned Single Judge vide impugned judgment and order dated 22.9.2020 dismissed the writ petition stating that the scheme of the examination is transparent. There is a provision for candidates to look for various notifications on the website of the Allahabad High Court. The call letter was dispatched and the certificate issued by the postman without showing the date of delivery of the article in his post office does not inspire any confidence, especially in the light of the submissions made by Ms. Aradhna Chauhan, learned counsel for respondent nos.3 and 4 that the postman are not authorised to issue such certificates. When there is provision for not taking any advantage on account of postal delays, petitioner cannot derive any benefit inasmuch as he has failed to attribute any motive to particular authorities resulting in such omission. In fact, prima facie the omission is on the part of the petitioner in not looking up to the website of the High Court and keeping him abreast of the developments in regard to the recruitment, as per the terms and conditions of the advertisement. Therefore, the petitioner cannot be permitted to take advantage of his own lapse.
We do not find any infirmity or illegality in the view taken by learned Single Judge. The Special Appeal has no merits and deserves to be dismissed.
The Special Appeal is accordingly dismissed.
Order Date :- 25.1.2021
RKP
