Court No. - 34
Case :- WRIT - A No. - 42380 of 2016 Petitioner :- Om Chandra Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Ramanuj Yadav Counsel for Respondent :- C.S.C.,Kartikeya Saran,M.N. Singh
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Admittedly, last date for submission form for interview was 10.05.2016. Respondent-2 has stated in the counter affidavit in para 7 and 8 that the information was given to all the candidates who made place in merit list through SMSs, sent to their online registered mobile numbers, as well as emails sent to their email IDs., and was also published in various newspapers which are mentioned in para 8 and reads as under:-
"That it is further submitted that extensive information regarding the submission of applications was also published in the following newspapers:
(i) Hindustan, a Hindi daily, Allahabad and Lucknow editions, dated 17.04.2016 on page 13.
(ii) Nyayadhish, a Hindi daily, Allahabad edition
(iii) Rashtriya Sahara, a Hindi daily, Lucknow edition
(iv) The Times of India"
2. Petitioner in rejoinder affidavit, in reply to the averment made in paragraph no. 8 of the short counter affidavit, has said that petitioner belong to rural area and could not get information about the advertisement through news papers. The submission of petitioner that he could not get any knowledge, though information was published in newspapers cannot be accepted, since it is not the case that these newspapers have no circulation in rural area. Admittedly petitioner has not submitted application by last date of submission of application hence no relief can be granted. A 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 (Writ Petition No. 7401 of 2015), decided on 14.08.2015 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.
5. 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.
6. In view thereof, since in the present case last date for submission of aforesaid form for interview was 10.05.2016, but applicant submitted his application seeking permission to appear in interveiw on 03.08.2016, we find no merit in writ petition. Dismissed.
Order Date :- 28.5.2018 Swati