RAHUL PRABHAKAR Vs. PUNJAB TECHNICAL UNIVERSITY JALANDHAR

JUDGEMENT

(1.) This writ petition has come up before this Bench on a reference made by a Division Bench. The question referred for decision is as to whether an application received by the University after the expiry of the time fixed for filing the same as provided in the prospectus, is to be taken into consideration, if the student had posted the same sufficiently early and delay was solely caused by the postal authorities. In Saurabh Aggarwal v. Kurukshetra University, 1995 (1) Serv LR 80 : (AIR 1995 Punj and Har 23), a Bench of this Court took the view that mere fact that an application is received after last date fixed for the purpose when it had been despatched well in time, and the candidate was not to be blamed, application should be considered. The correctness of this view has been doubted and the issue has been referred to the Full Bench.

(2.) Short facts necessary for understanding the issue raised in this writ petition are as follows :-Punjab Government constituted Punjab Technical University, Jalandhar as the Authority competent to conduct the Common Entrance Test (CET) 1997, as per Notification No. 35/1/97-IET-II/541 dated 30-1-1997. On the basis of the test to be conducted by the said University, the University has to make admissions to various degree level Engineering and Architecture Courses in the various Institutions and Universities in the State of Punjab. In terms of the said notification, advertisements were made in various dailies, both English and Vernacular during the first week of February 1997. In the advertisements, it was provided that Information Brochures are on sale w.e.f. 25-2-1997 at the various Engineering Colleges and University departments in the State, running these courses. It was also made clear in the advertisements that application forms complete in all respects should reach the Co-ordinator latest by 5.00 P.M. on 21-3-1997. As provided in the advertisements Information Brochure for the Common Entrance Test 1997 was published by the Punjab Technical University, Jalandhar, Paragraph No. 3 in that brochure related to important dates for CET 1997. The first entry therein is last date for submitting complete application form for CET 1997. It was shown as 21-3-1997 (5.00 P.M.) "Submission of application" is provided in paragraph 6.2 of the Brochure. Paragraph 6.2.2 stated "application along with the Bank Draft should be sent to the Co-ordinator, CET 1997, Punjab Technical University, P.O. REC. Jalandhar-144 011 so as to reach him on or before 21-3-1997 by 5.00 P.M." The said paragraph went on to state that application delivered by hand in CET Cell of Punjab Technical University, Room No. 67 on or before the due date and time, shall also be accepted. In bold capital letters, it was also provided, "incomplete applications and those received after the prescribed date, shall not be entertained under any circumstances. The Punjab Technical University, Jalandhar does not take any responsibility for any delay or loss in transit." In paragraph, 6.5, late receipt of application form has been mentioned as a ground to render the candidate ineligible for CET 1997. Application form for CET is appended to the brochure. At the top of that application form, in box, it is written in bold letters,

(3.) Petitioner in this case sent his application form with all the enclosures on 17-3-1997. He was informed by the Co-ordinator, CET vide Annexure P1 that his application form was received after the due date and consequently the same cannot be considered. Immediately, on getting that information, he approached the Co-ordinator and filed a representation on 9-4-1997 inter alia stating that all what was possible for him to do, was done and his application may be accepted as valid application filed within time. No reply to that representation was received by the petitioner. In this writ petition, he prays for the issuance of writ of certiorari quashing Annexure P 1 communication and for the issuance of a writ of mandamus directing the respondents to accept the application sent by him on 17-3-1997 which was delivered by the postal Authorities subsequent to 21-3-1997 and to issue roll number allowing him to take the entrance test to be held on 18-5-1997.