SHASHANK KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned Standing counsel, Sri Madhur Kant Srivastava, learned counsel for the respondent University and Mr. Sanjay Bhasin, learned Counsel for the opposite party No.2 and perused the record.

(2.) BRIEF facts relevant for decision of this petition are that on 7.3.2011 the University invited applications from candidates for appearing in Combined Pre-Medical Test 2011 and the last date for submission of forms was 11.4.2011. Though the petitioners sent their applications by Speed Post on 8.4.2011, yet the opposite party No.3 returned the forms without assigning any reason. Being aggrieved, the instant writ petition has been filed for a direction to the opposite parties to allow them to appear in the Entrance Test, as it will be held on 25.5.2011. On the basis of instructions, learned Counsel for the University submits that as the application was received after the cut off date, the same have been returned. In the brochure and the advertisement, there was a condition for sending the admission form only through registered/speed post but the cut off date was fixed. Admittedly the form of the petitioners reached the respondent University after the cut off date and therefore, the application of the petitioners were not considered and thus, this petition for a mandate to allow the petitioners to appear in the said entrance examination.

(3.) THE postal rule however applies, the moment an acceptance is posted through post, then the post office becomes the agent of the addressee (offeror). An advertisement inviting applications for examination or recruitment is merely an invitation to offer and not an offer itself. THE person who sends his application by post or by any other mode assuming it is based on an offer, must send the acceptance by the particular date, in terms of offer. If it does not reach by that date, there can be no acceptance and the postal rule would not apply."