NAVEEN KATHAIT Vs. SECRETARY MEDICAL HEALTH, FAMILY WELFARE, STATE OF UTTARAKHAND; DIRECTOR GENERAL MEDICAL HEALTH AND FAMILY WELFARE

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner had sought writ in the nature of mandamus, directing the respondents to issue admit card to the petitioner for examination for the post of Lab Technician, scheduled to be held on 22nd of February, 2009.

(2.) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit, on record.

(3.) Brief facts of the case are that the respondents issued advertisement dated 16th of September 2008, for recruitment of 130 posts of Lab Technicians. The petitioner "™s case is that he sent an application in response to said advertisement with all necessary formalities, but he did not receive the admit card. When he approached the concerned authority before the date of examination to know the reason why the admit card was not issued to him, he was told that on his application photograph was not found pasted. It is stated by the petitioner that photograph might have been misplaced in the office of the respondent, and for that reason he cannot be deprived from appearing in the written examination.