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1998 Supreme(Pat) 665

ASOK KUMAR GANGULY
Lallan Kumar Sinha – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the petitioner: Mrs. Sujata Mukherjee.
For the B.P.S.C. : Mr. A.K. Chaudhary.
For the Union of India : Mr. K. K. Mandal.

Order

After hearing the counsel for the parties, this Court disposes of both the writ petitions and the I.A. by passing the following order.

2. The case of the petitioners is that even though they submitted their application on proper form by registered post on 7.11.1997 from Bankipur Post Office to the office of the Bihar Public Service Commission at Bailey Road, but the same did not reach at the office of the respondent commission by 10.11.1997, and as such on that ground Annexure-3 has been issued which shows that the application of the petitioner was rejected due to delayed receipt of the application form.

3. This court held in some cases that for the postal delay the petitioner cannot suffer since the petitioner took all steps for sending of application form.

4. In that view of the matter, this Court directs the respondent-Commission to issue provisional admit card to the petitioners within a period of seven days from the date of service of a copy of this order upon respondent nos. 4 and 5, and the petitioners should also be allowed to appear in the said examination on the basis of the said admit card. The writ petition and the I.A. are thus disposed of.



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