JAI PAL SINGH BISHT Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) These three writ petitions (C. W. P. Nos. 1052 of 1995, 1625 of 1995 and 1293 of 1995) involve common question of facts and law, therefore, these are being disposed of by single judgment,

(2.) Admit. With the consent of learned Counsel for parties, these writ petitions are heard and disposed of finally. The petitioners in all these writ petitions arc members of Himachal Pradesh Health Service in their capacity as General Duty Officer -II (GDO -II) For admission to Post Graduate Degree and Diploma Courses, the Himachal Pradesh University (hereinafter called the University) holds an open competitive examination and prepares a merit, on the basis of which further selection is made as prescribed in the Prospectus for Post Graduate Degree and Diploma Courses 1995 -97/98 (hereinafter called the Prospectus). For this purpose the University issued Notice dated 15 -6 -1995 for holding competitive examination, which was published in the daily edition of the Indian Express on 1 -7 -1995. From the copy of Examination Notice, which is filed alongwith the reply -affidavit of the University in C. W P. No. 1052 of 1995, it appears that this was also endorsed to various authorities mentioned therein. As per the Examination Notice the applications complete in all respects alongwith prescribed fee of Rs. 400 were required to reach the University by 7 -7 -1995 upto 5.00 PM It is also mentioned that the roll numbers alongwith the datasheet to the eligible candidates would be issued at the University counter from 11 00 AM to 4 00 P.M. on 14 -7 -1995 and 15 -7 -1995. The competitive examination was to be held on 16 -7 -1995.

(3.) In response to the Examination Notice, the petitioner in C. W. P. No, 1052 of 1995, who is presently serving in Primary Health Centre, Tharoch in Tehsil Chopal, sent his application through proper channel, that is, the Chief Medical Officer, Shimla by registered post on 29 -6 -1995, as prescribed in Para 8.3 (g) of the Prospectus The petitioner has placed on record photo copy of the postal receipt of the registered letter whereby he had sent his application. On 14 -74995 the petitioner went to the University for collecting his Roll Number but was surprised to learn that his application had not reached the University. On enquiry from the Office of the Director of Health Services Himachal Pradesh, the petitioner came to know that his application was forwarded by the Chief Medical Officer on 13 -7 -1995, which was received in the Office of the Director of Health Services on 14 -7 -1995. The Director of Health Services had not forwarded the application of the petitioner, as cut off date as per the Examination Notice was 7 -7 -1995 It was in these circumstances that the petitioner knocked at the door of this Court. On 15 -7 -1995 the writ petition was ordered to be listed on 17 -7 -1995 and the petitioner was permitted to appear in the entrance examination provisionally. However, it was also directed that the result of the examination will not be declared till further orders of this Court. On 17 -7 -1995 the writ petition was taken up for admission, when learned Counsel appearing for the respondents took four weeks time to file reply -affidavit(s). The respondents 2 to 4 have not filed reply, whereas, the University has filed reply -affidavit praying that the writ petition be heard at an early date so that the result is declared and the courses are started on the scheduled date.