M. Mouleeswari v. The Manager Government of India Press
2011-01-07
R.SUDHAKAR
body2011
DigiLaw.ai
JUDGMENT :- 1. This writ petition is filed directing the respondent to send the interview card to the petitioner for the post of PHARMACIST as per the advertisement made in Employment news 24-30 Nov.2007 by accepting the provisional certificate dated 15.02.2007 issued by the Dr. M.G.R. Medical University, Chennai-600 032. 2. In response to Government of India Press notification,seeking application for selection to various posts, the petitioner applied to the category pharmacist by an application dated 14.12.2007. The said application was not considered by the respondent and hence the petitioner made several representation thereafter. Since there was no response from the respondent, the present writ petition has been filed by the petitioner. 3. Counter affidavit has been filed by the respondent stating that one of the document which is relevant for the purpose of considering the candidate claim under the category of the pharmacist is the provisional degree certificate in Pharmacy or degree certificate in Pharmacy and that certificate has not been enclosed along with the application. In this regard, the specific stand that has been taken in para 4 and 5 of the counter affidavit based on the notification is as follows: Clause 16 of the notification is as follows: "16. Incomplete or unsigned applications and photo or applications not accompanied with attested copies of certificates and applications not in prescribed format and applications received at Govt. of India Press, Coimbatore-19 after the due date of receipt will be summarily rejected an no correspondence in this connection will be entertained." In view of the above clause, the respondent have rejected the application. 4. Petitioner is unable to state that the application has been acknowledged by the respondent and a copy of such application has also not been produced. The fact that the certificate necessary for considering the petitioner claim as pharmacist is not submitted is the contention of the respondent and the petitioner is unable to produce the relevant document to show that the certificate was in fact enclosed with the application. This is a disputed fact. 5. In view of clause 16 of the notification and the respondents specific stand of incomplete application the rejection of the application is justified. The petitioner therefore cannot claim any relief for the above said reason. The writ petition is without merits and is dismissed. No costs.