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2018 Supreme(MP) 935

IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR
Hemant Gupta, Vijay Kumar Shukla, JJ.
Sushil Kumar Tripathi & Anr. - Petitioners
Vs.
High Court of Madhya Pradesh & Anr. - Respondents
W.P. No. 21918 of 2018 WITH W.P. No.21890 of 2018, W.P. No.21998 of 2018, W. P. No. 22149 of 2018 AND W.P. No. 22061 of 2018
Decided On : 19-09-2018

Advocates Appeared:
For the Petitioners:Shri Ankit Saxena, Advocate
For the Respondents:Shri Siddharth Seth, Advocate,
Shri Jogendra Singh, (Registrar Exam), M.P. High Court is also present in Court.

The central legal point established in the judgment is the significance of adhering to specified deadlines for application submission and the principle that eligibility for an examination is determined based on the specified date for application submission, as supported by previous judgments.

Headnote:

Eligibility - Madhya Pradesh Higher Judicial Services (Entry Level) - 13.04.2018 - 09.08.2018 - 14.08.2018 - 25.08.2018 - 21.03.2017 - 2015 13 SCC 438 - 1959 SC 1160 - 1997 4 SCC 18 - 2011 9 SCC 438 - 2015 13 SCC 438 - 1959 SC 1160 - 1997 4 SCC 18 - 2011 9 SCC 438

Fact of the Case:

The petitioners sought eligibility to appear in the main examination for the post of Madhya Pradesh Higher Judicial Services (Entry Level) despite their application forms being received after the stipulated date. The Supreme Court had previously directed that a candidate's application should not be rejected solely due to postal delay.

Finding of the Court:

The court found that the application forms of the petitioners were received after the cutoff date and could not be accepted, emphasizing the importance of adhering to the specified deadlines. The court also highlighted previous judgments that supported the principle of considering eligibility based on the specified date for application submission.

Issues: Eligibility for main examination despite late submission of application forms, impact of postal delay on application acceptance, and the significance of adhering to specified deadlines.

Ratio Decidendi: The court's decision was influenced by the principle that eligibility for an examination is determined based on the specified date for application submission, as established in previous judgments. The court emphasized the importance of adhering to cutoff dates and rejected the petitioners' request for acceptance of their application forms due to postal delay.

Final Decision: The petitions were dismissed, and the court upheld the cutoff date for application submission, emphasizing that the petitioners' application forms could not be accepted due to postal delay.

ORDER :

This order shall dispose of the above-mentioned writ petitions wherein the only issue is that: even if the application forms submitted by the petitioners for the main examination for the post of Madhya Pradesh Higher Judicial Services (Entry Level) direct recruitment from Bar Main Examination, 2018 was not received on or before 25.08.2018, still the petitioners are eligible to appear in the examination to be conducted on 23.9.2018.

2. An advertisement Annexure P/1 issued on 13.04.2018, inter alia provides for three steps examination process. One is short-listing on the basis of preliminary examination and second is main written examination of 400 marks and then the interview.

3. In the advertisement so published, it has the following clause:

(1) Applications and Documents for Main Examination-

After Preliminary Examination Results, every candidates who have qualified and desirous to appear in Main Examination, shall have to submit an Application Form, which shall be ported on the website of High Court of M.P. and candidates may download and take print out of it, duly filed up and signed by him, along with self-attested copies of all required documents & recent colored photographs. The Application forms and documents must be sent, in such a manner and within such a time that the same must reach/ be received in Examination Cell of the High Court on or before last date for the receipt of application of Main Examination.

(emphasis supplied)

4. The result of the preliminary examination was declared on 09.08.2018 when the applications were invited from the successful candidates to be submitted on or before 25.08.2018. In the said notification dated 09.08.2018 again, the date before which the application was required to be received by the High Court was mentioned. It was also mentioned that application for main examination received after stipulated time will not be considered on any ground even on the ground of postal delay and shall stand cancelled. Relevant clause of the notification dated 09.08.2018 reads as under:

“The candidates declared Successful for Applying for Main Examination shall submit Applications, after filling the given format, to the Exam Cell, along with Self Attested copies of relevant documents, so as to reach the same in the Exam Cell on or before 25.08.2018 positively. Application for Main Exam received after stipulated time shall not be considered on any ground even on the ground of postal delay and shall stand canceled and such candidates shall not be entitled to appear in the Main Written Examination”.

(emphasis supplied)

5. Learned counsel for the petitioners relies upon the notification dated 14.08.2018 issued by the High Court wherein, it was mentioned that 25.08.2018 (Saturday) was earlier declared court working day in lieu of 30.04.2018 declared holiday on account of Buddha Purnima. But by partial modification, the Court working was shifted to 06.10.2018 (Saturday).

6. Learned counsel for the petitioner also refers to an order passed by the Supreme Court in Special Leave to Appeal No.10224/2017 (Ashutosh Agnihotri v. High Court of M.P. and another) directed against an order dated 21.03.2017 passed in W.P. No.1970/2017 (Ashutosh Agnihotri v. High Court of Madhya Pradesh & another) by this Court. The Supreme Court directed to declare result of the petitioner and the rejection of his application on the ground of one day’s delay was ordered not to come in the way for considering him for interview. The order of the Supreme Court reads as under:

“Pursuant to earlier orders passed by this Court, the result of the examination has been brought before us in a sealed cover. The sealed cover has been opened in the Court today and on a perusal, we find that Ashutosh Agnihotri has qualified in the examination. The result is taken on record.

It is brought to our notice that the application for participating in the examination was sent by the petitioner on 10.01.2017 by speed post. The track consignment report has been plac

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