Baljit Singh vs Himachal Pradesh State ...
2021 Latest Caselaw 2396 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.




                                                                           .
                                          CWP No. 5695 of 2020





                                   Date of decision: March 22, 2021.





    Baljit Singh                                 ......Petitioner.
                                   Versus
    Himachal Pradesh State Electricity Board Limited & ors.





                                        .....Respondents.



    Coram

    The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice .

    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

    Whether approved for reporting?1


    For the petitioner             :      Mr. Amrinder Singh Rana,Advocate.

    For the respondents            :      Mr. Vikrant Thakur, Advocate, for
                                          respondents No. 1 and 2.




                                          Mr. Balram Sharma, ASGI, for respondent
                                          No. 3.





    Jyotsna Rewal Dua, Judge (Oral)

This writ petition has been filed for the following

reliefs:

"i. That appropriate writ order or direction may very kindly be issued directing the respondent to consider the candidature of the petitioner for the post of Junior T-Mate by allowing him to participate in the evaluation/interview test which is yet to take place on 10.12.2020 & 11.12.2020.

Whether the reporters of the local papers may be allowed to see the Judgment? yes.

ii. That appropriate writ order or direction may very kindly be issued and the condition to the extent that the candidate who

.

failed to submit the requisite document on the 20.07.2020 (till 5

PM) will be rejected straightway may very kindly be quashed and set aside, and last date for the application should be one of the entire state in the interest of law and justice."

2. Heard learned counsel for the parties.

3. The respondents had advertised on 4.6.2020 various

posts for various categories including 1500 posts of Junior

T-Mate. The last date for submission of application form in terms

of the advertisement was 20.7.2020. It is the case of the

petitioner that he had submitted his application form to the

respondents vide registered post on 17.7.2020, however, he was

not called for interview on the ground that his application was

not received by them. The postal receipt has been placed on

record.

4. Similar prayer was allowed by coordinate Bench of

this Court in CWP No. 5674 of 2020 , titled Anil Kumar versus

Himachal Pradesh State Electricity Board Ltd. and others, decided

on 9th December, 2020 by observing as under:

"4. It is thus clear that the petitioner had been vigilant in dispatching his form well within time, therefore, in such circumstances, cannot be made to suffer for no fault of his.

5. Even otherwise, the Court cannot be oblivious to the legal maxim Lex non intendit alquid impossibilia (Law intends not to anything impossible) and Lex non cogit ad impossiblilia (The law does not compel the impossible.)"

Vide interim order dated 10.12.2020, the petitioner

.

was provisionally permitted to participate in the

documentation/interview for the posts of Junior T-Mate.

In view of above and considering overall facts and

circumstances of the case, we allow this writ petition. The

interim order dated 10.12.2020 is made absolute. The

respondents are directed to declare the result of the petitioner in

terms of the advertisement dated 4.6.2020 under which he had

applied.

The writ petition is disposed off, so also the pending

application(s), if any.

( L. Narayana Swamy ) Judge

( Jyotsna Rewal Dua ) Judge 22nd March, 2020

(vs)