MRS SAVITRI BATAR Vs. RAJASTHAN PUBLIC SERVICE COMMISSION AJMER

JUDGEMENT

(1.) APPLICATIONS were invited by the Rajasthan Public Service Commission (for short hereinafter referred to as 'the Commission') for recruitment to the posts of Legal Assistants. The last date of the receipt of the applications was July 30, 1988. The petitioner sent her application under regis-tered post on July 23, 1988, but it appears that the application from of the petitioner was only received in the office of the Commission on August 1, 1988 i. e. after July 30, 1988 the last date fixed for the submission of the applications. The petitioner was intimated vide Annexure-2 that her application from was only received on August 1, 1988 i. e. after the last date and, therefore, it shall not be considered.

(2.) AGGRIEVED against the aforesaid Annexure-2, the petitioner has moved this Court. The principal contention of the learned counsel for the petitioner is that the petitioner sent the application form by registered post within time on July 23, 1988 and it was either wrongly delivered in the office of the Board of Secondary Education, Ajmer and had reached the office of the Commission only on August 1, 1988, the petitioner cannot be at fault and, therefore, the delay should be condoned and the application should be treated to have been received in time. He further contends that the very fact that Annexure-2 was sent on August 8, 1988 was received by the petitioner on August, 9, 1988 goes to show that it is reasonable to receive delivery of letter the second day of its posting from Sikar to Ajmer, Mr, Khan contended that for the fault of the postal authorities the Commission cannot be held to be at fault if it rejects the application which is received after July 30,1988, the last date fixed for receipt of applications. The postal authorities do not act as agent of the Commission and if the letter is delivered after July 30, 1988, admittedly the application was received in the office of the Commission on August 1,1988 after July 30, 1988. the last date fixed for receipt of the applications, the application had been rightly rejected by the Commission.