High CourtsDivision Bench(2020) 12 SHI CK 0051

Prem Dutt vs Himachal Pradesh State Electricity Board Ltd. And Others

High Court Of Himachal Pradesh · Decided on 9 December 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Sandeep Sharma, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 5673 Of 2019

AI Structured Summary

Not yet generated for this judgment

Judgment

18 paragraphs · 345 words

Tarlok Singh Chauhan, J

1.

The limited prayer made in this petition is to permit the petitioner to participate in the documentation/interview to be held on 10th December, 2020

for the post of T-Mate in the respondent- department.

2.

It is averred that respondent No.1 advertised the posts of T-Mate on 04.06.2020, which were to be filled â€"in offline mode with closing date of

20th July, 2020. The petitioner being eligible applied for the same and got posted his form through speed post on 15th July, 2020. The respondent-

department on 29.11.2020 displayed a list of eligible candidates, but the petitioner was shocked to know that his name was not there in the list.

3.

On enquires being made, it transpired that the form of the petitioner was received in the respondent department on 23.07.2020 whereas, last date

for receipt thereof was 20.07.2020. The petitioner thereafter went to the postal department to enquire why his form was not sent in time and, in turn,

they replied that though his form was sent on 15.07.2020 through speed post, but could not be delivered on the next day in normal course of business

and was delivered only on 23.07.2020 because of the COVID-19 Pandemic.

4.

It is thus clear that the petitioner had been vigilant in dispatching his form well within time, therefore, in such circumstances, cannot be made to

suffer for no fault of his.

5.

Even otherwise, the Court cannot be oblivious to the legal maxim Lex non intendit alquid impossibilia (Law intends not to anything impossible) and

Lex non cogit ad impossiblilia (The law does not compel the impossible).

6.

Accordingly, the present petition is allowed by directing the respondents to permit the petitioner to participate in the documentation/interview to be

held on 10th December, 2020 for the post of T-Mate in the respondent No.2- department on 10.12.2020. Pending application(s), if any, also stands

disposed of. The parties are left to bear their own costs.

An authenticated copy of this order be supplied to the learned counsel for the parties by the Court Master.