BADRI POSAD SINGH Vs. PUBLIC SERVICE COMMISSION ALLD

JUDGEMENT

(1.) R. A. Sharma, J. Pursuant lo an advertisement issued by U. P. Public Ser vice Commission, Allahabad (hereinafter referred to as the Commission) inviting applications for Combined State/upper Subordinate Services Preliminary Ex amination, 1997, the petitioner submitted his application. According to the adver tisement the examination fee was required to be deposited through Bank Draft or Treasury Challan, but the petitioner has deposited the said fee through Banker's Cheque. His application was rejected by the Commission on (he ground that the failed to deposit the fee in the manner specified by the Commission. Being ag grieved he. filed this writ petition.

(2.) WHILE entertaining this writ peti tion this Court on May 23, 1997 issued interim mandamus directing the Commis sion lo provisionally permit the petitioner to appear in the examination, the result of which shall he subject to final decision of the writ petition. By the same order this Court granted time to the Commission to file counter-affidavit. The Commission has filed a counter-affidavit and the petitioner has filed rejoinder- affidavit in reply thereto. We have heard Sri S. P. Pandey learned Counsel for the petitioner and Sri V. M. Sahai learned Counsel (or the Commission.

(3.) THIS writ petition is allowed with costs. The order dated 25-4-1997 (An-nexure-2 to the writ petition) is quashed. As the petitioner has already appeared in the examination the Commission is directed to declare his result forthwith. In case it is found that the petitioner has passed the preliminary examination he will be permitted to appear in the main examination also. .