Arun Kumar Chaudhary v. The State Of Bihar and Ors.
Case brief
What is this about?
In a writ petition seeking a mandamus to direct the Bihar Public Service Commission (BPSC) to admit a petitioner for an examination despite his application form not reaching the Commission's office, the Court declined to issue the mandated writ. Relying on a subsequent division bench judgment that cited Section 6 of the Post Office Act, the Court held the BPSC could not be forced to admit the cand
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2836 of 2013
Arun Kumar Chaudhary S/O Sri Amiri Lala Chaudhary R/O Village-Bhag Pandaul, P.S.-Bisfi, Distt.-Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Secretary, Bihar Public Service Commission 15 Jawahar Lal Nehru Magr, Bailey Road, Patna-1
- The Controller Of Examination, Bihar Public Service Commissioner 15 Jawahar Lal Nehru Magr, Bailey Road, Patna-1 4. Secretary, Department Of Personnel Adminstration Reforms, Old Secretariate, Patna 5. Union Of India Through Chief Post Master, Patna G.P.O.-Patna 6. Dy. Chief Post Master (A), Patna G.O.-800001 7. Postal Superintendent Madhubani .. .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. P.K.Das For the BPSC : Mr P.N.Shahi, Sr.Adv & Mr.S.Pandey For the Staste : Mr. M.Prasad, GP1 & Mr S.K.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
- 2 14-02-2013 The petitioner was appointed on contract basis as Medical officer in the year, 2007. The Bihar Public Service Commission (in short the Commission) invited application for appointment to the post of General Physician vide Advertisement no.5/2011, published in daily local. Cut off date for receipt of the application form was 4.7.2011. As per the advertisement, the applications could either be sent through registered post or speed post. The petitioner sent his application on 29.6.2011 through speed post vide speed Post No. SPEF bearing Speed post no. SPEF 920582300 from Madhubani.
Patna High Court CWJC No.2836 of 2013 (2) dt.14-02-2013
Issues for consideration
3 issues framed by the court
Whether a mandamus should be issued commanding the Commission to permit the petitioner to appear in the examination due to non-receipt of the application form by the Commission.
Whether the exemption under Section 6 of the Post Office Act bars the issuance of a mandamus in cases of postal default affecting eligibility.
Whether the Court should verify if the petitioner's application was received but overlooked by the Commission.
Parties & counsel
- petitioner
Arun Kumar Chaudhary
- respondent
The State Of Bihar
- respondent
The Secretary, Bihar Public Service Commission
Coram
Case details
As recorded by the court registry
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