Email communication for appointment offers is legally valid; failure to act within the stipulated time negates claims for extension.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Appointment as Medical Officer - The applicant sought to join duty after a delay in communication regarding her selection, claiming the offer letter was sent to the wrong address and ended up in spam - The Tribunal found that the email communication was valid and the applicant failed to act within the stipulated time - The applicant's request for extension was rejected based on the lack of timely action and the established recruitment process. (Paras 1-7)

(B) Communication of Offer - The Tribunal emphasized that email is a legally valid mode of communication for appointment offers, and the applicant's failure to check her junk mail does not constitute grounds for extension. (Paras 6.4-6.8)

Facts of the case:
The applicant participated in the Combined Medical Service Examination, 2017, was selected, but did not join due to a delay in receiving the offer letter, which she claimed was sent to the wrong address and ended up in her spam folder. (Paras 2-3)

Findings of Court:
The Tribunal concluded that the applicant did not have a valid reason for the delay in joining and that the recruitment process had been completed. (Paras 6.7-6.8)

Issues: The main issue was whether the applicant was entitled to an extension to join the service due to alleged ineffective communication of her appointment. (Paras 6.1-6.2)

Ratio Decidendi: The Tribunal ruled that the email communication was valid and that the applicant's failure to act in a timely manner precluded her from claiming an extension. (Paras 6.4-6.8)

Result: The Original Application is dismissed.

ORDER

Hon’ble Dr. Chhabilendra Roul, Member (A)

1. The present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking direction to the Respondents to allow the applicant to join duty as a Medical Officer with all consequential benefits.

2. Factual matrix UPSC issued advertisement inviting applications for the purpose of conducting Combined Medical Service Examination, 2017. The applicant considering herself eligible against the notification participated in the selection process and was declared successful securing the rank 191 in the examination. She was called for medical on 04.07.2018 by the respondents, which was to be conducted at Lady Harding Medical College wherein the applicant appeared. Since then, she was waiting for her offer of appointment. It was only on 24.09.2018, that while checking the mail box it came to her notice that the mail has been received by her from a private account of one, Sh. Shakti Singh, which was, in fact, lying in "spam/junk" account. In the mail, it came to her knowledge that she was duly selected on 21.08.2018 and she was expected to join within 1 month from the date of issue of this letter. As a consequence, after 24.09.2018, the applicant immediately approached the respondents by a representation seeking an extension which was rejected by the respondents vide an impugned order dated 12.02.2020. Aggrieved by the same, the applicant has filed the instant Original Application seeking the following relief(s):-

"(i) quash and set aside the impugned communication dated 12.02.2020 (Annexure-A-1);

(ii) direct the respondent to accept the request of the applicant as contained in the communication dated 24.09.2019 and allow the applicant to join the duties and award all consequential benefits like salary seniority etc;

(iii) May also pass any further orders), direction(s) as be deemed just and proper to meet the ends of justice:"

3. Notices were issued to the respondents and they have filed their counter reply to which the applicant has also filed her rejoinder.

4. Submission by the learned counsel for the applicant Learned counsel for the applicant submits:

(i) One month period was extended to the applicant by the letter dated 21.08.2018, which ended on 24.09.2019. It is precisely after one year and four weeks when the period had ended.

(ii) In the meanwhile, the applicant had participated in NEET-PG, 2018 examination and secured a rank 4497, she took admission in Post Graduate Course in Ranchi. In terms of para (V) at page no. 81 (Annexure-1) annexed to the offer of appointment dated 21.08.2018, under general terms and conditions of appointment in CHS, the applicant was entitled for extension of joining time. The said para is reproduced hereinbelow:-

"(V) As per extant instructions, the candidates already pursuing Post-Graduation course on the date of issue of the offer of appointment, may apply for extension of time for joining the service after completion of the course. Such candidates may send their application along with a Bonafide Certificate from the concerned institute within one week of issue of this communication. The Bonafide Certificate must indicate the name, duration and commencing / completion dates of the course. Such requests are considered on merit of each case. No request for extension in date of joining will be entertained on any other ground including counselling, preparation or admission in PG course, etc."

(iii) While applying under the examination, in the application form, placed along with additional affidavit filed on 06.07.2022 (Annexure A-1) at page no. 12, the applicant has specifically pointed out that her communication address would be at Delhi and her permanent address would be at Jharkhand. The respondents were obliged to send the letter at Delhi itself, while the respondents have sent the hard copy of the offer of appointment at Jharkhand and that too is at incorrect address. He points out that the address mentioned in the application form is Jhun

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