The main legal point established in the judgment is that the petitioner's failure to meet the requirements for proper application submission and the latches on his part and the postal department led to the dismissal of the writ petition.

JUDGMENT

Sujit Narayan Prasad, J. - This writ petition is for issuance of direction upon the respondent especially the Respondent Nos. 3 and 4 to accept the form of main examination of JPSC, 2016, vide Advertisement No. 23 of 2016 since the application form has not been accepted by the Jharkhand Public Service Commission. It is the case of the petitioner that he in terms of the Advertisement No. 23 of 2016, has been declared to be qualified in the preliminary examination 2016 for selection of candidate inducting in the State cadre service and after being successful, was communicated to make proper application for appearing in the written examination. He being the resident of Nal, Block, falling within the jurisdiction of the state of Rajasthan from where he has dispatched his application form along with the due postalstamp but subsequent thereto upon inquiry, came to know that there is deficit postal stamp and hence the Post Office has not dispatched the application resulting into not reaching to the Post Office of the Jharkhand Public Service Commission.

2. It is the case of the petitioner that the Nal, Post Office has accepted the application without making proper measurement of the postal stamp and thereafter it has been sent before the main post office situated in the District of Bikaner, Rajasthan wherein upon the measurement of the weight of the envelop it was found that the postal stamp is less as per its requirement therefore it could not have been dispatched.

3. The petitioner is raising the question that since there is latches on the part of the said postal department petitioner had to suffer. Therefore, direction has been sought for upon the Jharkhand Public Service Commission to issue admit card so that he may be able to participate in the written examination scheduled to be held on 28.01.2019.

4. Learned counsel for the Jharkhand Public Service Commission has vehemently opposed the submission and grievance raised by the petitioner that there is no latches on the part of the Jharkhand Public Service Commission rather if the petitioner has not properly made arrangement to send the application then the latches lie on the part of the petitioner and wrong committed by him, so he may not be given any benefit of issuing the admit card that to when the process of conducting examination has already been closed, the written examination is scheduled to be held from 28.01.2019, if any direction would be passed by this Court the entire process would be initiated which will be time consuming. It has been submitted that the instant writ petition has already been filed after closure of the last date of acceptance of the application form i.e. 03.10.2018 while the instant writ petition has been filed after lapse of about three months the instant writ petition has been filed i.e. on 05.12.2018 and this writ petition is not fit to be entertained by issuing a direction as sought for.

5. Having heard the learned counsel for the parties and on appreciation of the rival submissions it is evident from the material available on record that the petitioner happens to be a candidate for participating in the selection process initiated by the Jharkhand Public Service Commission for fulfilling the various posts belonging to the state cadre in pursuance to Advertisement No. 23 of 2016. The petitioner has participated in the preliminary examination in which he has been declared to be successful.

6. As per the condition of selection process a candidate if found to be successful in the preliminary examination is supposed to make fresh application for participating in the written examination, in pursuance thereto, the petitioner on getting proper communication through the paper publication ought to have made application to reach the office of the Jharkhand Public Service Commission within the due date i.e. initially it was 14.09.2018 subsequently it was extended to 03.10.2018 but the application could not reach to the office of Jharkhand Public Servi