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1998 Supreme(Pat) 763

B.M.LAL, S.K.SINGH
Md. Arif Khan – Appellant
Versus
Bihar Public Service Commission – Respondent


Advocates appeared:
For the Petitioner: M/s. Jagdish Pandey & Ashutosh Pandey.
For the Respondents: M/s. K.K. Mandal & Anil Kumar Tiwary.

ORDER

1. Heard Shri Jagdish Pandey for the petitioner and Shri K.K. Mandal and Shri Anil Kumar Tiwary for the respondents on the question of admission.

2. This petition is for directing the respondents to make proper arrangement for petitioner's appearance in the Drugs Inspector's examination scheduled to be held on 11.11.1998.

3. It is contended that as per terms and conditions of the advertisement, annexure 1 to this writ petition, applications were invited for the post of Drugs Inspectors through registered post and the last date for receipt of the application form was 10.11.1997. Accordingly, the petitioner had despatched his application form through registered post on 5.11.1997 but the Public Service Commission has rejected his application form on the ground that the application form sent by him on 5.11.1997 could not reach the office of the Public Service Commission on or before 10.11.1997 but has reached thereafter.

4. According to the terms and conditions of the advertisement the application forms were invited through postal department. Thus, the postal department has acted as an agent of the Public Service Commission and if the agent commits a mistake, indeed it is attributab






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