ANITA KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) HON'ble Present writ petition has been filed with following prayer: "(a) to issue a writ, order or direction in the nature of mandamus directing the respondents to accept the application forms of petitioners for Special B.T.C. Training Course, 2008, pursuant to the advertisement published in Newspaper Roozgar Sangrah from Agra on 30.1.2009 (Annexure-3 to the writ petition) and consider the candidature of petitioners for selection. (b) to issue any other suitable writ, order or direction which this HON'ble Court may deem fit and proper in the facts and circumstances of the case; and (c) to award cost of this petition to the humble petitioner throughout." For Special BTC Course-2008 applications had been invited by Advertisement dated 29.12.2008. The last date for submission of application forms was 31.1.2009. Contention of petitioners is that they had been pursuing her B.Ed. course and the last paper of her B. Ed. Examination was on 16.12.2008; her result of the said examination was not declared before the last date, however, she sent her application form for Special BTC Course on 12.2.2009 without annexing therewith mark-sheet of B. Ed. Examination. Petitioner submits that result was declared after the last date for submission of application form for Special BTC, but she had submitted her application form prior to the last date. In this background, petitioner submits that her candidature is liable to be accepted. Sri S.C. Kushwaha, learned counsel for the petitioner, contended with vehemence that in the present case, petitioner had already appeared in B. Ed. Examination before the last date of submission of application form, as such on the date of declaration of result, the same related back to the last date, and in this background, her B. Ed. mark-sheet is liable to be considered. Countering the said submission, learned Standing Counsel, on the other hand, contended that the claim of the petitioner is totally misconceived, and cannot be accepted. After respective arguments have been advanced, factual position which emerges in the present case is that Advertisement was issued on 25.12.2008, and the last date prescribed was 20.02.2009; petitioner had filled her application form on 12.02.2009, without annexing therewith B. Ed. Mark-sheet, as by that time her result of B. Ed examination was not declared. This fact has been admitted that the result of B. Ed. was declared after the last date of submission of application form. Petitioner submits that for the aforesaid delay in declaration of result, petitioner cannot be made to suffer and her candidature is liable to be accepted specially, in the background that she had appeared in the last paper of B. Ed. Examination on 16.12.2008. Claim set up by the petitioner cannot be accepted by any means, as HON'ble Apex Court in the case of U.P. Public Service Commission vs. Alpana, 1994 (1) UPLBEC 242, has taken the view that where incumbent has appeared in the examination but result was not declared, on the last date of filling of application form, then she was clearly not eligible on the last date of filling of application form and contrary view taken by High Court has been held to be erroneous. Eligibility Criteria has to be seen on the last date of moving application form. HON'ble Apex Court in the case of Ashok Kumar vs. Union of India, 2007 (1) ESC (SC) 169, has taken the view that where an incumbent has applied for the post on 30.05.1995, and on the said date has not completed his M.D., but on the strength of certificate accorded by his Head of the Department that he appeared in final examination in October, 1995 and ultimately passed on 30.10.1995 and based on the same was selected. Said selection has been set aside and has not been approved of by HON'ble Apex Court by holding that cut of date for the purposes of determination of eligibility of a candidate should be fixed and the same should not be uncertain. If uncertainty is allowed, the employer would be flooded with ineligible candidates. In absence of any specific date having been fixed in the advertisement, then it would be the last date for filling of the application form. On the parameter as set out by HON'ble Apex Court, by the last date when petitioner had filled in her application form, she was clearly ineligible, as her result of B. Ed. Examination was not declared. Thus, the claim set up by the petitioner cannot be accepted. Consequently, writ petition fails and the same is dismissed.