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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Dr. Priyank Kunal – Petitioner
Versus
State of Jharkhand – Respondent
W.P. (S) No. 5658 of 2022
Decided On : 23-11-2022
Postal Delay - Selection Process - Unit Trust of India vs. Ravinder Kumar Shukla (2005) 7 SCC 428
Fact of the Case:
The petitioner applied for the post of Medical Officer but his application was rejected as time barred due to delay in submitting the hard copy of the application, attributed to the postal department.
Finding of the Court:
The court dismissed the application, stating that the delay caused by the postal department cannot be attributed to the Jharkhand Public Service Commission (JPSC), and directing JPSC to accept the petitioner's form would be unjust to other candidates facing similar rejections.
Issues: Delay in submission of hard copy, responsibility for postal delay, and granting relief to the petitioner.
Ratio Decidendi: In the absence of a contract or request from the receiver, the post office acts as the agent of the sender. The delay caused by the postal department cannot be attributed to the JPSC, and granting relief to the petitioner would be unjust to other candidates.
Final Decision: The application stands dismissed as no relief can be granted to the petitioner.
JUDGMENT :
ANANDA SEN, J.
1. Heard the parties.
2. By filing this writ application, petitioner has prayed for a direction upon the respondents to allow him to participate in the selection process pursuant to Advertisement No. 7/2021 for appointment on the post of Medical Officer (Basic Grade) under Health, Medical Education and Family Welfare Department, Govt. of Jharkhand. Further he prays to quash the communication by which the petitioner has been informed that his application was rejected as time barred.
3. The facts are admitted in this case.
4. The petitioner did his MBBS in the year 2020 from Shri Sathya Sai Medical College and Research Institute, Puducherry. He was granted Provisional Pass Certificate on 22.9.2020 and Provisional Degree Certificate was also granted on 17.11.2021. The petitioner underwent Internship and he was granted “Compulsory Rotatory Resident Internship Completion Certificate” on 04.02.2022. The petitioner got himself registered for medical practice in the State of Tamil Nadu and also in the State of Jharkhand.
5. Jharkhand Public Service Commission (JPSC) on 05.01.2022 issued a press communication for appointment of Medical Officer (Basic Grade) under Health, Medical Education and Family Welfare Department, Govt. of Jharkhand. Applications were sought for online from 11.01.2022 to 09.02.2022. Examination fee was required to be submitted by 10.02.2022 till 11.45 P.M. It was mandated that hard copy was required to be submitted by 18th February, 2022 by 5.00 p.m.
6. Be it noted that it is an admitted case of the parties that online application was a simplicitor online application without asking for any annexure or certificates of qualification. Those documents to be filed along with hard copy.
The petitioner has submitted online application on 9th February, 2022 and the fee was deposited within time. The dispute is in respect of filing of hard copy. It is an admitted case that the petitioner sent hard copy by Speed post from Dumka on 15.2.2022 which was delivered in the office of JPSC on 21.02.2022 at 18.15. P.M. which is admittedly beyond the last date. As the hard copy was received beyond the last date fixed for receipt of the same, his candidature was rejected as time barred.
7. Counsel for the petitioner’s sole argument is that he had applied online within time, deposited the fees within time and the delay in submitting the hard copy is solely attributed to the postal departmental for which the petitioner cannot be penalized and his application could not have been rejected. He submits that he sent the documents by post and the date of depositing the documents with the postal department was within time and it was the postal department’s fault in not delivering the hard copy to the JPSC within time, for which he cannot be made responsible and his case should be considered.
8. Counsel appearing on behalf of JPSC has filed their counter-affidavit and has mentioned that the last date fixed to receive the hard copy was 18.2.2022 and admittedly the hard copy of the petitioner was received on 21.2.2022 which is after the last date, thus, the application of the petitioner was dismissed as time barred. It is also mentioned that in paragraph no. 16 of the counter-affidavit that not only the case of the petitioner but several other cases were rejected on the similar ground. The hard copy of the online application form along with testimonials were supposed to be filed within time. In paragraph 18 it has been mentioned that out of 1460 online application forms, 826 were rejected in view of non-compliance of terms of the advertisement in submission of online application form as well as hard copy of the online application form. This information was communicated to all the concerned. It has further been mentioned that interview has started with effect from 19.11.2022 and continued till 24.11.2022.
9. From the pleading of the parties, it is clear and admitted that the hard copy of the online application form along with testim
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Candidates who participate in the selection process without challenging the process are precluded from challenging the results.
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Point of Law : Postal authority cannot be treated as an agent of the Commission so as to treat the dispatch of the application before the last date by post, as having been submitted before the last d....
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