DEEPAK SHARMA Vs. VICE CHANCELLOR JNVU

JUDGEMENT

(1.) THE Registrar, Jai Narain Vyas University, Jodhpur by advertisement No.72/2011-12 invited applications in prescribed format for appointment to the post of Professor in various subjects including the subject of "Public Administration". As per the terms and conditions attached with the advertisement aforesaid the persons already in employment were required to submit their applications through proper channel alongwith a No Objection Certificate. The petitioner being in employment of the Government of Rajasthan in the capacity of Lecturer in the subject of Public Administration at Government Dungar College, Bikaner, sent his application form through proper channel i.e. through the Director, College Education, Government of Rajasthan, Jaipur. A demand draft of requisite fee too was sent alongwith the application form referred above. An advance copy of the application form duly verified was sent to the Registrar, Jai Narain Vyas University, Jodhpur under a forwarding letter dated 28.12.2011 alongwith a photocopy of demand draft which was annexed with the original application. The respondents rejected candidature of the petitioner as his application was received after due date mentioned in the advertisement No.72/2011-12. Suffice to mention here that the petitioner forwarded the application form to the Director, College Education, Government of Rajasthan, Jaipur on 28.12.2011, but the Directorate forwarded the same alongwith 16 other application forms on 15.2.2012. The due date as per the advertisement No.72/2011-12 was 23.1.2012. Being aggrieved by rejection of the application form, this petition for writ is preferred.

(2.) A reply to the writ petition has been filed on behalf of the respondents. On asking, it is stated by counsel for the respondent University that candidature of the petitioner was rejected on the count that the demand draft of requisite fee was not attached with advance copy, but was received with original application form under the forwarding letter dated 14.2.2012 from the office of the Director, College Education, Government of Rajasthan, Jaipur. It is admitted that the application forms of other persons who sent demand drafts prior to 23.1.2012, but whose original applications were received subsequent thereto, have not been rejected. Meaning thereby, the respondents have entertained candidature of the persons whose original application forms were received after due date through the Directorate, College Education excluding the petitioner and few other persons who while submitting their application forms attached demand drafts with that. It is not in dispute that alongwith the advance copy a photocopy of the demand draft in favour of the respondent University was attached and the original demand draft was with the original application form. The respondents if, have entertained other original application forms received under the forwarding letter dated 14.2.2012 by condoning delay, then there is no just reason for not extending the same relaxation to the petitioner merely on the count that he attached the demand draft alongwith original application. Suffice to mention here that in the advertisement No.72/2011-12 it is nowhere mentioned that the aspirants for appointment were supposed to remit at least demand drafts prior to due date. The respondents, if have condoned delay in receiving the application forms, then the demand draft is integral part of that and delay in submitting of that too deserves condonation.