Court No. - 34
Case :- WRIT - A No. - 13291 of 2018 Petitioner :- Dr. Gopal Narayan Dwivedi Respondent :- State Of U.P. And An Other Counsel for Petitioner :- Shrawan Dwivedi Counsel for Respondent :- C.S.C.,M.N. Singh, F.A. Ansari
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard Sri Shrawan Dwivedi, learned counsel for petitioner and learned Standing Counsel as well as Sri F.A. Ansari, Advocate for respondents.
2. Petitioner applied Online pursuant to advertisement published by U.P. Public Service Commission (hereinafter referred to as "Commission") vide Advertisement No. 1/2017- 18 for recruitment in U.P. Medical Education Unani Ayurvedic and Homeopathic Department. It was specifically mentioned in aforesaid advertisement in a specifically made block as under: "After submitting the online application, the candidates will have to send hard copy of their online application alongwith the photo copies of all academic required documents in support of their claims as made in online applications upto 01.12.2017 till 6 O' Clock through registered/speed post or personally in the office of the commission. The candidates are suggested to send the hard copy of online applications alongwith all enclosures immediately after online submission of applications to avoid unnecessary delay and any other undesirable situation. For this purpose the candidates are advised to download address slip from Commission's website and to paste it on the envelop containing documents. In Absence of required relevant documents/ records, the claims made by the candidates shall not be tenable and relevant documents/ records received after due date in the office of the Commission will not be accepted."
3. Learned counsel for petitioner admits that he has applied Online in time but his offline application could not be submitted to Commission by 01.12.2017 till 6 O'clock and, therefore, his candidature has not been accepted.
4. It is submitted that said condition be relaxed and petitioner be treated eligible to appear for interview.
5. Question, "whether in such examinations if last date has expired, any indulgence can be granted by Court", has been considered by a Full Bench of this Court in Rajendra Patel Vs. State of U.P. and another, 2015(8) ADJ 219 and it has been held that after expiry of last date, no indulgence can be granted to entertain an application or document of a candidate who has come thereafter.
6. When confronted, learned counsel appearing for petitioner, could advance no argument either to distinguish the aforesaid Full Bench judgment or to place any other statutory provision entitling him to enforce Commission to entertain his request after expiry of last date of submission of application form.
7. In view thereof, no relief can be granted to petitioner. Writ petition is accordingly dismissed.
Order Date :- 30.5.2018 AK