Court No. - 16
Case :- WRIT - A No. - 8976 of 2018 Petitioner :- Hari Prakash Singh And 3 Others Respondent :- State Of Up And 3 Ohters Counsel for Petitioner :- Vikas Goswami,Sanjay Kumar Ray Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
In similar facts and circumstances, this Court had disposed of writ petition Service Single No.714 of 2015 vide following order passed on 7.9.2017:-
'Petitioners allege that they had applied for appointment for the post of Pharmacist pursuant to the advertisement issued by the State on 12.11.2007, whereby 766 posts of Pharmacists were advertised for being filled up. Petitioners contend in para 38 of the writ petition that all petitioners have applied for appointment to the post of Pharmacist, but their claims have not been considered.
A counter affidavit has been filed in the matter in which it is stated in para 47 that except for petitioner no.4 none of the petitioners have applied pursuant to the advertisement dated 12.11.2007 and that none of other petitioners would therefore fall within the zone of eligibility.
The issue as to whether in fact petitioners have applied pursuant to the advertisement dated 12.11.2007 is essentially a question of fact to be determined by the authority concerned. Attention of the Court has been invited to an order passed by Division Bench of this Court in Special Appeal Defective No.585 of 2014 in which a direction was issued by this Court in following terms:-
"So far as the other appellants are concerned, in the event they are able to establish by getting of any certificate from the Department of Post and Telegraph that there envelops had also been delivered prior to the cut off date in the same manner as in the case of the other appellants then in that event such appellants, apart from those mentioned above, would also be entitled to the same benefit under this judgment."
Following the directions issued by the Division Bench, it would be appropriate to dispose of this petition as well permitting the petitioner to furnish proof of the fact that they have applied pursuant to advertisement dated 12.11.2007 within the time allowed in terms of the advertisement. A certificate of department of post would have to be furnished in respect of petitioners' contention that in fact application sent by registered post has been delivered prior to the last date specified in terms of the advertisement. If such materials are furnished by the petitioners, the respondent no.2 shall get the petitioners' claim verified in accordance with law. In case petitioners' claim is accepted, their candidature shall also be considered in terms of the order passed in special appeal.
With the aforesaid observations/directions, this writ petition stands disposed of."
Facts being similar, this writ petition is also disposed of on same terms.
Order Date :- 29.3.2018 Ashok Kr.