JOGINDER SINGH Vs. HARYANA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THIS petition under Articles 226/227 of the Constitution of India seeks issuance of a writ in the nature of mandamus directing respondent No. 1 to treat the From sent by the petitioner for the post of Lecturer (History) HES -II to be received within time and further for the issuance of a direction to respondent No. 1 to take interview of the petitioner for considering the petitioner for appointment to the post of Lecturer (History) HES -II in the category of posts reserved for Scheduled Caste (B). A prayer is also made to award the damages/compensation to the petitioner from respondent Nos. 2 and 3.

(2.) THE controversy raised in the present writ petition is squarely covered against the petitioner by a Full Bench decision in the case of Rahul Prabhakar v. Punjab Technical University, Jalandhar and others, 1997(3) R.S.J. 475 :, 1997(3) SCT 526 (P&H)(FB).

(3.) LEARNED counsel for the petitioner submitted that the petitioner cannot be made to suffer for the negligence of the Post Office. Had the Post Office performed its duty diligently, the application form of the petitioner would have reached respondent No . 1 within the stipulated period. Learned counsel further submitted that the Post Master General performs statutory functions under Sections 3 and 4 of the Indian Post Office Act, 1893.