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2015 Supreme(All) 845

ALLAHABAD HIGH COURT
(Full Bench)
BEFORE : DR. DHANANJAYA YESHWANT CHANDRACHUD, C.J., DILIP GUPTA AND YASHWANT VARMA, JJ.
RAJENDRA PATEL ....Petitioner
Versus
STATE OF U.P. AND ANOTHER ....Respondents
(Civil Misc. Writ Petition No. 7401 of 2015, decided on 14th August, 2015)

Advocates:
Counsel :
Siddharth Khare and Ashok Khare for the Petitioner; C.S.C., Nisheeth Yadav and G.K. Singh for the Respondents.

Headnote:Examination—P.C.S. Main examination—Online application—Submission of an online application by a stipulated date as well as the submission of a hard copy together with all documents at the office of Commission by 27.10.2014—Whether submission of a hard copy together with all documents was merely an act of confirmation of the online application—Time schedule which was prescribed by the Commission for submission of print out copy of application submitted online with schedule would invite the consequence which was clearly specified, namely, the rejection of candidature of the applicant—Where Commission requires submission of a hard copy of online application together with all accompanying documents by a prescribed last date and has clearly placed candidates on notice of fact that an application which is submitted beyond the last date together with prescribed documents would result in the invalidation of candidature—A candidate is required to comply with condition that all requisite are completed within the time stipulated. [Paras 13 to 23]

       Result; Reference Answered Accordingly.

JUDGMENT

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—This reference to the Full Bench has been occasioned by a referring order dated 2 April 2015.

2. The Uttar Pradesh Public Service Commission (Commission) issued an advertisement on 24 April 2014 notifying the Combined State/Upper Subordinate Services Examination 2014. The petitioner participated in the preliminary written examination on 3 August 2014. Candidates who had qualified in the preliminary written examination were required to submit an online application for appearing at the main written examination. An advertisement was issued on 4 October 2014 by the Commission notifying that the candidates who had been declared successful in the preliminary examination should visit the website of the Commission for obtaining information in regard to the process to be followed for appearing at the main examination. The four stages with a time schedule indicated in the advertisement were as follows:

(i)

Date for the filling up of applications online on the website of the Commission for appearing at the main examination and selection of the examination centre and the two optional subjects.

From 1 October 2014 to 11 October 2014

 

(ii)

The last date for submitting the examination fee through the process of E - Challan/I – Collect (through SBI/PNB).

Upto 17 October 2014

 

(iii)

The last date for the submission of online applications after submission of the examination fee and obtaining its print out.

Upto 20 October 2014

 

(iv)

Submission of the applications in the conventional hard copy together with all the accompanying documents in the office of the Commission either through registered post or through personal delivery.

Upto 27 October 2014 by 5 pm

 

3. On 27 October 2014, the Commission issued a further advertisement stating that the main examination would be conducted between 5 November 2014 and 21 November 2014 in the districts of Allahabad and Lucknow. All the candidates were informed that they were being granted provisional permission to appear at the main examination subject to the condition that they had completed the process for fulfilling all the aforesaid four stages within the stipulated time and if it was found upon scrutiny that any candidate had failed to complete any of the four stages in time, his candidature was liable to be rejected. We are extracting hereinbelow the relevant part of the advertisement dated 27 October 2014:

^^mDr ijh{kk ls lEcfU/kr vH;fFkZ;ksa dks ,rn~}kjk lwfpr fd;k tkrk gS fd mUgsa eq[; ijh{kk esa bl 'krZ ds lkFk vkSicfU/kd :i ls lfEefyr gksus dh vuqefr iznku dh tk jgh gS fd muds }kjk fu/kkZfjr frfFk rd vkosnu i= tek djus dh pkjks pj.k dh izfdz;k iw.kZ dj yh x;h gS ;fn lfUujh{kksijkUr ;g ik;k tkrk gS fd mUgksaus fu/kkZfjr frfFk rd vkosnu i= tek fd;s tkus fo"k;d pkjks pj.kksa dh izfdz;k iw.kZ ugha dh gS rks mudk vH;FkZu fujLr dj fn;k tk;sxkA**

4. The brochure which was issued by the Commission to the candidates similarly provided as follows:

^^vko';d uksV%& vH;fFkZ;ksa dks ,rn~}kjk lwfpr fd;k tkrk gS fd mUgsa eq[; ijh{kk esa bl 'krZ ds lkFk vkSicfU/kd :i ls lfEefyr gksus dh vuqefr iznku dh tk jgh gS fd muds }kjk fu/kkZfjr frfFk rd vkosnu i= tek djus dh pkjks pj.k dh izfdz;k iw.kZ dj yh xbZ gS ;fn lfUujh{kksijkUr ;g ik;k tkrk gS fd mUgksaus fu/kkZfjr frfFk rd vkosnu i= tek fd;s tkus fo"k;d pkjks pj.kksa dh izfdz;k iw.kZ ugha dh gS rks mudk vH;FkZu fujLr dj fn;k tk;sxkA**

5. Under the notice dated 27 October 2014 and the conditions stipulated in the brochure all the candidates were placed on notice that they were being permitted to appear at the main written examination subject to the condition that the candidate should have completed all the four stages of the process failing which the candidature of the candidate would be cancell






























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