Writ petition seeking acceptance of a late hard-copy application form for the Additional Private Secretary Stage II Exam 2023. The court relied on the Full Bench ruling in Rajendra Patel and dismissed the petition, holding the deadline condition must be strictly observed.
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Neutral Citation No. - 2024:AHC:113603
Court No. - 7
Case :- WRIT - A No. - 9510 of 2024
Petitioner :- Azmat Fatma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Srivastava Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Prakash Padia,J.
(i) Issue a writ, order or direction in the nature of mandamus directing the respondent to accept petitioner's hard copy of application form for the second stage examination for the Additional Private Secretary (Stage II) Exam 2023 vide Advertisement No. 13/11/E-6/2022-23 dated 14.03.2024 issued by Uttar Pradesh Public Service Commission, Prayagraj and allow the petitioner to appear in the Additional Private Secretary (Stage II) Exam 2023 which is scheduled to be held from 28.06.2024 to 18.07.2024.
"22. 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."
22.09.2023 in Writ- A No.7130 of 2023. Vide para 7, the Court has held thus:
"7. The very purpose of submission of application form by the cut off date would be rendered nugatory in case permission is granted to applicants to continue to remove defects in their application forms even after the last date of submission of such forms. If such a course of action is permitted, no recruitment process can ever attain finality leaving vacancies unfilled and thereby defeating the very purpose of recruitment."
Order Date :- 16.7.2024 T.S.
Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner's late submission of the hard copy of the application form for the APS Stage II Exam 2023 could be accepted despite the prescribed cut-off date.
Colour shows how this judgement treated each authority
Rajendra Patel vs. State of UP & orsRelied on¶5
2015 (8) 219 (FB)
Azmat Fatma
State of U.P.
Uttar Pradesh Public Service Commission
Prakash Padia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
