Petitioner has qualified preliminary examination conducted by U.P. Public Service Commission for Upper Subordinate Services Examination. Her result was declared on 24.11.2020. Petitioner was required to fill up her Mains Examination Form by 24.12.2020. Admittedly, petitioner has failed to do so and has now approached this Court for a direction upon the respondent Commission to permit the petitioner to accept the Mains Examination form of petitioner belatedly.
Petition is opposed by Sri Sumit Soori, holding brief of Sri Nipun Singh, learned counsel for the respondents. It is pointed out that the issue relating to entertainment of application form after the expiry of stipulated time has already been considered by a Full Bench of this Court in Rajendra Patel vs. State of U.P. and another being Writ Petition No.7401 of 2015, which has also been followed by this Court in Writ-A No. 10729 of 2019 (Love Bhanwala Vs. State of U.P. and others) dismissed vide following orders passed on 23.7.2019:-
"Heard learned counsel for the petitioner and Sri Nisheeth Yadav, learned counsel for the respondent Commission.
Petitioner's candidature for recruitment in the PCS Main Examination 2018 has been rejected on the ground that petitioner's hard copy of application was delivered after the last date prescribed for receiving it by the Commission.
Learned counsel for the petitioner submits that petitioner's online application was already registered and no difficulty would be caused in accepting petitioner's claim even if the Department of Posts consumed some extra time.
Issue in that regard has already been considered by the Full Bench of this Court in Rajendra Patel vs. State of U.P. and another being Writ Petition No.7401 of 2015. The question referred to the Full Bench has been answered in following terms:-
"For these reasons, we hold that where the Commission requires the submission of a hard copy of the online application together with all accompanying documents by a prescribed last date and has clearly placed the candidates on notice of the fact that an application which is submitted beyond the last date together with the prescribed documents would result in the invalidation of the candidature, the condition which has been imposed by the Commission would have to be scrupulously observed. It would not be open to the Court to hold that notwithstanding such a clear condition, an application which has not been received by the last date should be entertained. The Commission has given an option to candidates of submitting their applications in the hard copy by either of the two modes, namely by registered post or by personal delivery. A candidate who has opted for one of the two modes, is required to comply with the condition that all the requisite four stages are completed within the time stipulated.
The reference is answered accordingly. The petition shall now be placed before the regular bench for disposal in the light of the reference answered."
In view of the conclusive opinion expressed by the Full Bench, which goes against the petitioner, no relief can be granted to the petitioner.
Learned counsel for the petitioner places reliance upon a judgment of the Apex Court in Ashutosh Agnihotri vs. High Court of Madhya Pradesh and others, 2018 (1) SLR 498.
Perusal of the aforesaid judgment would go to show that it was in the special circumstance of a particular case that the Apex Court had accepted petitioner's contention. No principle of law can be culled out from the aforesaid judgment of the Apex Court which appears to have been passed in exercise of their Lordships jurisdiction under Article 142 of the Constitution of India.
In view of the above, no relief can be granted to the petitioner. Writ petition, accordingly, fails and is dismissed."
Controversy being identical, this petition is also dismissed for the aforesaid reasons.
Order Date :- 20.1.2021 n.u.