Kapil Kumar Dhabhai vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioner seeking a direction to the respondents to accept offline application form of the petitioner for the post of Compounder/Nurse Junior Grade pursuant to the advertisement dated 06.10.2018 (Annexure-3) and if found eligible, he may be allowed to participate in the selection process.

It is, inter alia, indicated in the writ petition that a short notice dated 06.10.2018 (Annexure-4) was issued by the Directorate Ayurved Department, Rajasthan, Ajmer pertaining to the vacancies of the post of Compounder/Nurse Junior Grade. It was indicated in the short advertisement that the applications will be filled between dated 15.10.2018 to 05.11.2018 on the website of Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Jodhpur.

The detailed advertisement dated 06.10.2018 (Annexure-3) required the petitioner to fill up online application form between 15.10.2018 to 05.11.2018.

It is, inter alia, claimed that during last three days of filling up online application form, the website/server was not working properly and, therefore, the petitioner could not fill online application form.

Further submissions have been made that the respondents have granted very short time i.e. 15.10.2018 to 05.11.2018 to fill up online application form and that when the petitioner checked the website after the process over on 05.11.2018 a screen shot Annexure-5 only indicates that the process of application form has been completed and all other information has been deleted, which indicates lack of transparency and, therefore, the petitioner must be permitted to fill off line application form.

I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.

It is not in dispute that the short advertisement was issued on 06.10.2018 alongwith the detailed advertisement on the same day on the website. The advertisement indicated the period for filling up online application form between 15.10.2018 to 05.11.2018. The claim made that the time granted to the applicant was insufficient has no basis, as to how much time will be granted for filling up the online application form after publication of the advertisement is in the discretion of the appointing authority and period of 20 days accorded for the said purpose cannot be said to be inappropriate so as to require interference in the present situation.

So far as the submission made that during the last three days of the period of filling up the online application form the website was not working properly is concerned, the same goes against the basic case sought to be set up by the petitioner regarding grant of insufficient time. If the petitioner had become aware of the status of the website three days before the last date, the petitioner could not have raised grievance in the writ petition regarding grant of short time in this regard. Further no material has been placed on record that when the petitioner found the website not working properly three days before the last date, whether the University and/or the respondents were approached in this regard. Only a feeble submission has been made that they were approached.

In view thereof, the plea sought to be raised regarding the website not working properly has been raised only with a view to some how make out a case for permission to fill in offline application form.

In view of the above circumstances, no case for grant of relief as claimed in the writ petition has been made out. There is no substance in the writ petition and the same is, therefore, dismissed.