DEEPAK KUMAR SHAH Vs. STATE OF U P

JUDGEMENT

(1.) AN order was passed on 18-11-2004, which is quoted below : "the petitioner had appeared successfully in preliminary examination held on 7th December, 2003 at the Combined State Upper Sub-ordinate Examination-2003. The main examination is to commence from 1-12-2004. The petitioner has not been given the admit card to appear at the main examination. According to the short counter-affidavit filed by the U. P. P. S. C. , the form which the petitioner was required to fill up for the main examination after being successful at the preliminary examination was dispatched at the address given by the petitioner and the Commission is not responsible if the form has not reached the petitioner. According to the petitioner, he did not receive the form and, therefore, could not fill it up. At present, it is not clear as to why forms are required to be filled up repeatedly by candidates after succeeding at various stages of the competitive examination. Normally, one single form containing the photograph, necessary particulars of the candidates and his relevant certificates should be obtained once and, thereafter on the strength of the same form, the candidate should be permitted to appear at the main examination, if he is successful at the preliminary examination. However, a detailed counter-affidavit may be filed by the Commission within one month as prayed. Rejoinder affidavit may be filed within another one month. List after two months. In the meantime, the petitioner will be permitted to appear at the main examination provided he furnishes certified copy of this order alongwith two self-attested photographs of himself pasted on separate sheets of foolscap paper before the Secretary, U. P. P. S. C. within three days from today. The Secretary will issue another form which the petitioner may fill up and submit to the invigilator at the time of the examination on 1-12-2004. Of the two sheets submitted by the petitioner, one will be counter signed by the Secretary and given to the petitioner for use as admit card at the time of examination. The appearance permitted above by this order shall be provisional and the result of the petitioner will be subject to the decision of the writ petition. "

(2.) ALTHOUGH two years have passed since that order, but the U. P. P. S. C. , which is located at Allahabad itself, has not been able to file a detailed counter-affidavit. The learned Counsel appearing for the Commission stated today that he requires further time to obtain instructions.