P. Rajasekar & Others v. The State rep. by its Secretary to Government P & AR Department & Another
2007-11-01
K.CHANDRU
body2007
DigiLaw.ai
Judgment :- The petitioners in all these writ petitions have not sent applications for the post of Motor Vehicle Inspector, Grade-II coming under the Tamil Nadu Transport sub-ordinate service. The applications were called for by the respondent-Tamil Nadu Public Service Commission (hereinafter referred to as the “TNPSC”) Vide advertisement No.107. It was clearly stated in the Notification that all the applications should reach TNPSC on or before 5.45 p.m., on 25. 2007. It was also stated in paragraph-14 which reads as follows:- “14. Last Date for Receipt of Applications:- 25. 2007 upto 5.45 p.m., Candidates seeking admission to the recruitment must send the filled in application to the Controller of Examinations, Tamil Nadu Public Service Commission, Omanthurar Government Estate, Anna Salai, Chennai-600 002 by Registered Post/Speed Post well in advance so as to reach the Commission’s Office on or before the above mentioned last date along with the attested copies of documents.” 2. In all these cases, it is seen from the records that the applicants have sent their applications either Registered Post or by Speed Post on 25. 2007. The stand taken by the respondent-TNPSC is that the applications were received only 25. 2007 beyond the time limit prescribed by the TNPSC, namely 5.45 p.m., on 25. 2007. 3. The writ petitions were admitted and notices were ordered to the TNPSC. The TNPSC had also filed counter dated 110. 2007 justifying the rejections of all these six applicants on the ground that they were received out of time. However, records were called for and also verified. In all these cases, the petitioners have filed not only the receipt for having sent the postal article but also the certificate from the Postal Department indicating the date of delivery of the postal articles sent by the applicants. In all these cases, the Postal Department had certified that the postal articles sent by the petitioners were served by the TNPSC on 25. 2007 but, no time was indicated in those certificates. 4. On behalf of the TNPSC, a typed-set containing certain documents dated October, 2007 have been filed. In pages 34 to 37, they had annexed photo copies of the postal manifest given by the Postal Department. The said manifest contains the serial number of the postal article and it is also stated that as to when it was delivered to the TNPSC.
In pages 34 to 37, they had annexed photo copies of the postal manifest given by the Postal Department. The said manifest contains the serial number of the postal article and it is also stated that as to when it was delivered to the TNPSC. But however, under list furnished by the TNPSC, the round seal of the TNPSC shows that the tapals were received on 25. 2007 with an initial containing certain officer of the TNPSC. 5. The short question that arises for consideration is that, when the Postal Department had certified that these articles were delivered on 25. 2007 and also the postal manifest enclosed in the typed set shows the date of delivery as 23. 2007 coupled with certificate produced by the petitioners containing that they were delivered on 25. 2007, there is no reason to disbelieve the same. 6. It has become a routine that in all the Government Department, bulk tapals when received centrally, it has become routine practice that the seal of the department are affixed at the convenience of the tapal section and not on the date when the postal packets or articles were delivered. Therefore, this Court has no hesitation to reject the round seal containing the date i.e. applications had been received by the TNPSC on 25. 2007 itself well within the time notified. 7. Under these circumstances, all these writ petitions are allowed and the Tamil Nadu Public Service Commission is directed to process the said applications for the posts for which the petitioners have sent in their applications. By the interim order, the petitioners have already written the examination. In the light of the writ petitions being allowed, there is no legal impediment to further deal with the applications in accordance with law. Consequently, connected miscellaneous petitions are closed. No costs.