ANKITA MAHAJAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The question involved in this case is as to whether the hard copy of the application form for taking main written examination by a candidate who had appeared in the preliminary examination, securing more than cut off marks, can be accepted and the candidate can be allowed to take the main written examination if the application form itself is dispatched by the petitioner on the date which was kept as the closing date and there is a delay of one day

(2.) In brief, the Haryana Public Service Commission (for short the Commission) had issued an advertisement No. 6 of 2016 dtd. 20/3/2017 for the purpose of recruitment of Civil Judge (Junior Division) in Haryana Civil Service (Judicial Branch) for the year 2017 for which online applications were invited to fill 109 posts in various categories. The petitioner had applied under the General category and appeared for the preliminary examination held on 22/12/2018. She secured 336 marks whereas the cut-off marks in respect of the general category was fixed at 326.40 marks. Thus, the petitioner was eligible to take the main written examination. At time of declaration of the result, the Commission has made it clear that the application form, duly filled alongwith supporting documents, should reach the Commission's office through Registered PostCourierPersonal Delivery by 12/2/2019 positively. Thereafter, no application form will be accepted through any mode and the office will not be responsible for any delay on the part of postalcourier services.

(3.) It is an admitted fact from the evidence that the hard copy of her application form was sent by the Courier Agency on 12/2/2018 which was allegedly booked vide receipt No. 11006665689 and delivered to the Commission's office on 13/2/2019 i.e. after a delay of one day from the closing date i.e. 12/2/2019. In order to overcome that difficulty, the petitioner has appended a certificate dtd. 21/2/2019, purported to have been issued by the Courier Agency, in which it is mentioned that the petitioner has booked a parcel in the morning of 8/2/2019 but due to negligence and oversight of the booking agency, the same was booked vide receipt No. 11006665689 dtd. 12/2/2019.