Dinesh Kumar Singh vs State of U.P.

Rakesh Tiwari, J.—Heard counsel for the parties and perused the record.

It appears from the record that an advertisement dated 14.7.2007 was published in Newspaper ''Vividh Rojgar Darshan'' from the office of the Director, Bal Vikas Sewa Evam Pushtahar, Lucknow inviting application form from the eligible candidates for filling up the posts of Kanishtha Lipik etc. One of the general condition relevant for sending the applications form and specifying last date and time for the aforesaid posts provided in the advertisement is as under:

1- vkosnu i= funs''kd cky fodkl iq"Vkgkj 23&v''kksd ekxZ] bafnjk Hkou] r`rh; ry] y[ku� ds irs ij iathd`r LihM iksLV Mkd vFkok d{k la[;k 310 es lh/ks dk;kZy; v/kh{kd }kjk izkIr fd;k tk;sxk A vkosnu i= izkIr djus dh vafre frfFk 14 vxLr 2007 lk;a 5-00 cts rd A bl frfFk ds ckn izkIr vkosnu Ik=ks dks Lohdkj ugh fd;k tk;sxk A foyEc lsa vFkok fdlh vU; ek/;e ls izkIr vkosnu i= Lohdkj ugh gksxs A fdlh Hkh izdkj ds iksLVy foyEc ds fy, foHkkx mRrjnk;h ugh gksxk A

The contention of the counsel for the petitioner is that the petitioner had sent the application form complete in all respects with all required documents through speed post No. 3083 from the post office Sirathu, District Kaushambi on 11.8.2007 to the office of Director, Bal Vikas Sewa Evam Pushtahar, Lucknow.

From the counter affidavit filed on behalf of respondent No. 3, Superintendent Post office, District Kaushambi it appears that aforesaid Speed Post was duly entered at Sl. No. 11/20 and reached S.P.C. Allahabad R.M.S. on 11.8.2007.

It has been stated in paragraph 12 of the counter affidavit that the articles booked from rural areas like Sirathu can not reach their destination within 24 hours and that there was holiday on 12.8.2007 (Sunday). In the circumstances, articles could not reach the addressee before due date and time.

It is apparent from the record that the application form sent by the petitioner i.e. article under reference was sent to S.P.C. Lucknow on 14.8.2007 itself which was a last date of receiving the application form at Lucknow by 5.00 P.M. It further appears from the sealed envelope that it has been returned with the remark of refusal by the addressee as it had been tendered in the office of respondent No. 2 after the time and date as mentioned in Clause 1 of the aforesaid advertisement as quoted above which specifically provides that the applications form which are tendered after 5.00 P.M. on 14.8.2007 will not be accepted.

At this stage, the counsel for the petitioner state, that the writ petition may be dismissed as not pressed.

As prayed the writ petition is accordingly, dismissed. No order as to costs.