SOMDUTT DIXIT Vs. M P P S C

JUDGEMENT

(1.) The petitioner has filed this petition praying for a direction to quash the order dated 17-6-2013 Annexure P/1 and permit him to appear in the interview being conducted by the respondent No. 1/State Services Examination 2010 for appointment in the State Services. The brief facts leading to the filing of the present petition are that the petitioner had appeared in the preliminary and main examination of State Services Examination 2010 and has cleared the same. It is stated that the result of the preliminary examination was declared on 5-8-2011, thereafter the main examination was conducted in December, 2011 and January, 2012, however, the result thereof was declared after one year four months by releasing the same on the Internet on 27-4-2013 and was also published in the Rojgar and Nirman on 6-5-2013. In the said result, it was stated that the selected candidates were required to complete all formalities and submit requisite documents before the competent authority by the cut-off date of 21-5-2013 but as the petitioner failed to note the result of the main examination in time, he could not complete the formalities by 21-5-2013 but did so, after 20 days i.e. 10-6-2013, on account of which, the respondents have issued communication dated 17-6-2013 Annexure P/1 rejecting the candidature of the petitioner.

(2.) It is submitted by the learned counsel for the petitioner that the petitioner is a successful candidate having passed the preliminary as well as the main examination in spite of which he has been debarred only on account of the fact that he could not note the result of the main examination in time and in such circumstances, the respondents/authorities be directed to consider the case of the petitioner for selection, in the State Services.

(3.) The learned counsel appearing for the respondents/Public Service Commission, per contra, submits that the respondents had published the result in the internet on 27-4-2013 and had also published in Rojgar and Nirman on 6-5-2013 along with a specific and clear note that all relevant documents and formalities were required to be completed by the selected candidates latest by 21-5-2013, failing which it would be presumed that the applicant concerned does not wish to participate in the process. This fact is mentioned at the back of page No. 28 of Annexure P/3, filed along with the petition. It is submitted that in such circumstances as the necessary formalities were completed after the cut-off date of 21-5-2013 by the petitioner, therefore, the petitioner's claim has rightly been rejected and in such circumstances, there can be no consideration on sympathetic ground as this would open a flood gate and would make the entire selection process unending and illegal as it would result in participation of disqualified candidates in the selection process.