Disposed

Prem Sagar v. State of U.P. and 2 Others

Allahabad HC3 Jun 2025WRIA/8129/2025

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Prem Sagar v. State of U.P., Writ A No. 8129 of 2025, Allahabad High Court, Prakash Padia J., order dated 12.6.2025. Interim relief on parity: UPPSC directed to accept late-received hard copy of on-line application form (postal delay) and allow candidate to participate in interview for post of Reader Homoeopathic Materia Medica. Relies on Rishish Prakash (Writ C No.5254 of 2025, order dt. 28.04.20

What did the court decide?

Interim direction to U.P. Public Service Commission, Prayagraj to accept the petitioner's hard copy of the on-line application form with other relevant documents and permit him to participate in the i

Prem Sagar vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

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Court No. - 50

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Case :- WRIT - A No. - 8129 of 2025

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Petitioner :- Prem Sagar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajani Singh Counsel for Respondent :- C.S.C.,M.N. Singh

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Hon'ble Prakash Padia,J.

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It is argued by Ms. Rajni Singh, learned counsel for the petitioner that in identical situation this Court in two writ petition being Writ C No.5254 of 2025 (Rishish Prakash Vs. U.P. Public Service Commission and another) and Writ A No.7500 of 2025 (Nalin Pandey Vs. State of U.P. and others) interim order was granted by this Court. The order dated 28.04.2025 reads as follows:-

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Sri Sanjay Kumar Om, learned Advocate appearing on behalf of U.P.Public Service Commission submits that as per instructions obtained by him allowing candidate to appear even provisionally even though hard copy of application could not be received in time for the delay on the part of postal department and not Public Service Commission, would lead to floodgate of petition by such candidates.

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In the considered view of the Court, once the Supreme Court has made observation in the case of Sadaf Imran v. U.P. Public Service Commission (Writ Petition No. 581 of 2023 decided on 19.01.2024) that for delay in delivery by postal departmental, if the application form had been sent in time, candidate cannot be blamed, the argument advanced by learned counsel appearing of U.P. Public Service Commission, that order in such a case will open floodgate, cannot be sustained.

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Accordingly, respondent- Public Service Commission is directed to allow admission/participation to the petitioner in the main examination of U.P. Public Service Commission, Combined State/ upper subordinate services (PCS) Examination, 2024, scheduled to be held on 29.06.2025, though provisionally at this stage.

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Respondents are allowed four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

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List this case on 08th July, 2025.

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The result of the petitioner shall not be declared without leave of the Court.

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The order dated 27.05.2025 passed in Writ C No.7500 of 2025 reads as follows:-

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Heard learned counsel for petitioner, Ms. Anita Kushwaha, learned Advocate holding brief of Shri Sanjay Kumar Om, learned counsel for respondents No. 3 and 4, Shri Anoop Tiwari, learned counsel for respondent No. 2 and learned Standing Counsel.

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Ms. Anita Kushwaha, learned Advocate holding brief of Sri Sanjay Kumar Om, learned Advocate appearing on behalf of U.P.Public Service Commission submits that as per instructions obtained by her allowing candidate to appear even provisionally even though hard copy of application could not be received in time for the delay on the part of postal department and not Public Service Commission, would lead to floodgate of petition by such candidates.

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Respondents are allowed four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter. Let this matter be connected and listed with Writ A No. 5254 of 2025 on the date fixed in the said case.

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The result of the petitioner shall not be declared without leave of the Court.

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It is argued that the petitioner is also entitled for the same relief.

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Learned Counsel for the respondents are granted four weeks time to file counter affidavit.

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Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List and connect along with Writ C No.5254 of 2025.

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In the meantime, U.P. Public Service Commission, Prayagraj is directed to accept the hard copy of the on-line application form along-with the other relevant documents of the petitioner and permit the petitioner to participate in interview for the post of Reader Homoeopathic Materia Medica.

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Order Date :- 12.6.2025 saqlain

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Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad

Prem Sagar v. State of U.P. and 2 Others

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Prem Sagar v. State of U.P. and 2 Others

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