NIKHIL Vs. MAHARISHI DAHANAND UNIVERSITY AND ORS.

JUDGEMENT

(1.) THIS order shall dispose off CWP No. 11068 of 2008, 11297 of 2008, 11093 of 2008 and 11110 of 2008. While issuing notice of motion, we had passed the following order:

(2.) IN pursuance of the notice of motion issued by this Court, Dr. Balram Gupta representing the respondent -university has put in appearance and placed reliance upon a full Bench judgment of this Court rendered in Rahul Prabhakar v. Punjab Technical University, Jalandhar and Ors., 1997 (5) S.L.R. 163 to contend that the judgment of a division bench relied upon by the petitioner, Anurag Sharma (supra), has been overruled and it has been held by the Full Bench that delay in reaching of the application form is to be strictly construed and in view of the clear cut specific mandate laid in Clause 18 of the prospectus, no condonation in delay can accrue to the petitioner as postal authorities had not delivered the application form to the respondent -university as expected by the candidate

(3.) A similar question has been raised in civil writ petitions bearing No. 11297 of 2008, 11093 of 2008 and 11110 of 2008, as therein also, the application form of the petitioner -candidate has reached late to the university authorities as postal authorities failed to deliver the form before the specified cut off date and time. Therefore, we need not advert to the facts of these writ petitions and they are also dismissed along with the present petition in view of the law laid down by Full Bench of this Court in Rahul Parbhakars case (supra). It will be pertinent to mention here that a Division Bench of this Court, to which one of us (Ashutosh Mohunta, J.) was a member, on a similar question of law and fact, had dismissed a writ petition bearing C.W.P. No. 10869 of 2003 titled as Gaurav Dutta and Ors. v. State of Haryana and Ors. where the same clause was subject matter of interpretation pertaining to respondent -Maharishi Dayanand University, Rohtak. The decision rendered in Gaurav Duttas case (supra) was challenged in Special Leave to Appeal (Civil) No. 13555 -13556/2003 Gaurav Dutta and Ors. v. State of Haryana and the SLP preferred was dismissed by Hon'ble Apex Court on 08.12.2003.