Court No. - 33
Case :- WRIT - A No. - 4222 of 2021 Petitioner :- Manish Kumar Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hem Pratap Singh,Raj Kumar Singh Counsel for Respondent :- C.S.C.,Bhupendra Nath Singh,M.N. Singh
Hon'ble Ashwani Kumar Mishra,J.
The petitioner applied for appointment against Advertisement No. 1 of 2017-18 for the post of Lecturer in Chemistry. Grievance of the petitioner is that his candidature has been rejected arbitrarily.
Sri Nipun Singh, learned counsel for the respondent has invited attention of the Court to the advertisement itself, which clearly records that online application was to be submitted till 24th November, 2017 and the last date for receipt of hard copy of the online application along with enclosures in the office of Commission is 01.12.2017. On the basis of specific instructions received from the Commission, learned counsel states that the petitioner's hard copy of online application along with enclosures has never been received in the office of Commission and, therefore, his candidature has been discarded.
Learned counsel for the petitioner has invited attention of the Court to paragraph 8 of the writ petition, in which it is stated that hard copy of online application along with enclosures was sent by registered post within time. However, there is no receipt of such dispatch of application by registered speed post, which was one of the mode prescribed for dispatch of such hard copy.
Learned Standing Counsel has obtained written instructions, which are taken on record.
The written instructions clearly states that petitioner's hard copy of the application along with enclosures has not been received in the office of the Commission.
In such circumstances, it would be open to the petitioner to disclose as to when and how these documents have been sent. Mere statement in the affidavit would not suffice, once stand of the Commission is specific and no receipt has been brought on record. This Court, therefore, cannot accept the contention of the petitioner that original records along with hard copy of the online application was sent, as was required in the advertisement. No exception, therefore, can be taken for denial of candidature of the petitioner by the Commission.
Writ petition is dismissed.
Order Date :- 30.7.2021 Pkb/