The mere fact that an application is received after the last date fixed for the purpose, even though it had been dispatched well in time and the candidate was not to blame, is no ground for excluding the candidate from consideration.

JAWAHAR LAL GUPTA, J.

1. Is a student who has qualified the Combined Engineering Entrance Test liable to be excluded from consideration for admission to a college only because the application form sent by him is received late even though he had despatched it well in advance before the last date? This is the short question that arises for consideration in this petition.

2. The petitioner lays claim to a good academic record. He passed the Matriculation Examination in the year 1992 with 83.2% marks. He passed the 11th class examination with 80% marks and the 12th class examination with 84.2% marks. His score in the subjects of Mathematics and Science was 96% and 87% respectively the petitioner appeared in the Entrance Test held in May, 1994. He was successful. He was placed at No. 1206 in order of merit out of a total of about 15,000 candidates.

3. An advertisement was published in the Times of India inviting applications for admission in various Engineering Colleges from the candidates who had qualified the Entrance Test. It was inter alia stipulated that the applications must reach the Principal, Regional Engineering College, Kurukshetra by 5 P.M. on 8/07/1994. The petitioner submitted his application forms for being considered for admission to the Regional Engineering College, Kurukshetra and Sir Chhotu Ram State College of Engineering, Murthal (Haryana). These application forms were sent by Registered A.D. post on 1/07/1994. Copies of the postal receipts Nos. 1791 and 1792 issued by the Post Office, Sector 7, Faridabad, have been produced as Annexures P-2 and P-3 with the writ petition. When the petitioner did not get the acknowledgment receipts, he personally visited the offices of the respondents and made enquiries on 12/07/1994. He was informed that the application forms had not been received. He submitted fresh application form on the same day. Later, he found that the original application forms had been received by the authorities concerned on 14/07/1994. The petitioner requested the authorities to consider his claim for admission as he had submitted the application forms in time. Having been informed that his claim for admission could not be considered as the forms had not been received by the last date, he has approached this Court through the present writ petition on 22/07/1994. The petitioner submits that the interviews are to be held in the second week of August, 1994, and that the action of the respondents in excluding him from consideration is illegal and arbitrary.

4. In response to the notice issued by the Bench, three separate written statements have been filed. In the written statements filed on behalf of respondents Nos. 2, 3 and 4 viz. the Regional Engineering College, Kurukshetra, the Chairman, Common Engineering Entrance Test and Sir Chhotu Ram State College of Engineering, Murthal, it has been inter alia averred that the petitioners applications having been received after the last date viz. 8/07/1994, his claim for admission cannot be considered. It has been stated that if the applications are entertained after the last date, it would become "an endless and unmanageable affair" in which the admissions can never be finalised. It has, however, been admitted that the interviews for finalising the admissions are to be held in the second week of August, 1994. The respondents have prayed that the writ petition deserves to be dismissed as the petitioner had not submitted his applications before the last date.

5. In the written statement filed on behalf of the Post Master, General Post Office, Faridabad, it has been averred that the registered letter No. 1702 "was correctly delivered to the addressee on 5-7-94 as per report of the Post Master, Kurukshetra, and registered letter No. 1791 was delivered to the addressee at Murthal on 14-7-94. The reasons for late delivery of the said registered letters are being enquired into and the petitioner will be informed accordingly." It has been further averred that