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PATNA HIGH COURT
A.K. GAHGULY, J.
Lallan Kumar Sinha
Jayant Kumar - Petitioners
Vs.
The Union of India & ors. - Respondents
C.W.J.C. Nos. 3918, 3927 of 1998 with I.A. Nos. 10822 and 10823 of 1998
Decided on : 16.9.1998
Postal Delay - Bihar Public Service Commission - The court directed 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.
Fact of the Case:
The petitioners submitted their application on proper form by registered post, but it did not reach the office of the respondent commission on time due to postal delay, resulting in rejection of the application.
Finding of the Court:
The court held that the petitioners cannot suffer due to postal delay since they took all steps for sending the application form. The court directed the respondent-Commission to issue provisional admit card to the petitioners and allowed them to appear in the examination.
Issues: Postal delay leading to rejection of application, petitioners' right to appear in the examination
Ratio Decidendi: The court considered that the petitioners had taken all necessary steps for sending the application form and should not suffer due to postal delay. The court directed the respondent-Commission to issue provisional admit card to the petitioners and allowed them to appear in the examination.
Final Decision: The court directed the respondent-Commission to issue provisional admit card to the petitioners within a period of seven days and allowed them to appear in the examination on the basis of the said admit card.
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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