Abhilasha Rani vs Uttarakhand Public Service Commission

Vipin Sanghi, CJ

The petitioner has preferred the present Writ Petition to seek a direction to the respondent to permit her to deposit online, or offline fee for the Mains Examination, so that she is able to appear in the Uttarakhand Combined State Civil/Upper Subordinate Service Examination, 2021.

The admitted position is that the petitioner secured 80.9935 marks in the preliminary examination. The first result of the said preliminary examination was declared on 26.05.2022, wherein the petitioner was not shown as qualified. The additional result was advertised by the respondent on 30.05.2022, wherein the petitioner was shown as qualified in the preliminary examination.

On 03.06.2022, a newspaper publication was made by the respondents informing all successful candidates to deposit the fee between 04.06.2022 to 18.06.2022. The petitioner, however, did not make the said deposit. The portal for making payment of fee was again opened for all candidates on 10.08.2022, and once again SMS messages were sent to the candidates, including the petitioner, on two occasions. Inspite of the same, the petitioner did not deposit the fee.

On account of certain petitions being filed, and orders being passed therein by this Court, the respondent-Commission was required to again publish the results. Accordingly, results have now been published on 22.09.2022. In addition to the earlier declared successful candidates, several other candidates have now been shown as qualified to undertake the mains examination. Obviously, in respect of those candidates, who have now been declared as qualified, the payment portal for depositing fee is being opened. The petitioner has now approached this Court stating that she, too, should be permitted to deposit her fee, along with the candidates, who have now been declared as qualified for the mains examination.

We do not find any merit in this Writ Petition. The petitioner has been given ample opportunity to deposit the fee. She could deposit the fee, firstly, between 04.06.2022 to 18.06.2022. Not only newspaper publication was made about the same, but she was also intimated through SMS on her registered Mobile Number. She was again granted an opportunity in August, 2022, when a public notice was issued, and she was also sent two SMS messages regarding the same. However, she did not make the deposit. Her plea, that she was not aware that she was qualified, cannot be accepted in this background.

To permit the petitioner to now deposit the fee would open floodgates, as there would be any number of other candidates, who may have not deposited the fee for the mains examination. It would also be discriminatory to those, who may not have deposited the fee earlier, and are, therefore, out of the race.

We, therefore, do not find any merit in the present Writ Petition. The same is, accordingly, dismissed.

In sequel thereto, pending application, if any, also stands disposed of.