NEENA CHATURVEDI Vs. PUBLIC SERVICE COMMISSION UTTAR PRADESH

JUDGEMENT

(1.) The Petitioner pursuant to an advertisement, which had invited applications for the post of Lecturer in Government Intermediate College, which were to be received in the office of the Commission till 20th February, 2009 either by speed post or by hand, sent her application by speed post on 17th February, 2009, which was received in the office of the Commission on 21st February, 2009. The Petitioner had prayed for a mandamus to direct the Commission to accept the application form and allow the Petitioner to participate in the process of selection. In that petition, by order dated 28.5.2009, the present reference.

(2.) A learned single Judge of this Court, in this case, Neena Chaturvedi v. U.P. Public Service Commission, Allahabad, 2009 3 ESC 2082. has been pleased to refer the matter for consideration by a larger Bench. Some of the relevant paragraphs read as under:

(3.) Though the precise question has not been formulated, considering paragraphs 49, 50 and 51 and the reliance placed on the Full Bench judgment of Bhikha Lal and Ors. v. Munna Lal, 1974 AllLJ 470, and Commissioner of Income Tax, Bombay v. Ogale Glass Works Ltd., 1954 AIR(SC) 429, and the question referred for consideration by the learned Judge in answering the issue fore him and which reads as under: