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Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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4<br />

Sri. Satish Chaturvedi, learned counsel for the respondents, has raised a preliminary objection that<br />

the writ petition is not maintainable in view of Section 14(1)(a) of the Administrative Tribunals Act and<br />

the petitioner should have first approached the Central Administrative Tribunal as held by the Supreme<br />

Court in L.Chandra Kumar Vs. Union of India, 1997 (3) JT 587. In view of the fact that the writ<br />

petition has already been entertained by a Division Bench on 17.5.2002 and an interim order was<br />

passed in favour of the petitioner, permitting him to appear in the Preliminary examination and also to<br />

avoid unnecessary hardship to him, we have heard the learned counsel for the parties on the merits of<br />

the case.<br />

Union <strong>Public</strong> <strong>Service</strong> Commission<br />

Sri. Satish Chaturvedi has produced before us a photocopy of the application form which was<br />

submitted by the petitioner. Column 19 of the form requires that the candidate should indicate the<br />

optional subject in which he wants to take the examination. In this column the petitioner gave the code<br />

of his optional subject as 01. The advertisement shows that the code for Agriculture subject is – 01<br />

while the code for Indian History is 10. This shows that the petitioner himself mentioned Agriculture as<br />

his optional subject. In these circumstances, there was no mistake in the admit card which was sent to<br />

the petitioner as the petitioner never indicated that he wanted to appear in History as an optional<br />

subject. Instruction no.7 of the information brochure reads as under:<br />

“7. No addition/alteration in the entries made in the form is allowed at any subsequent<br />

stage”<br />

The aforesaid condition clearly shows that a candidate cannot change the entries made in the<br />

application form at any subsequent stage. The plea of the petitioner that he wants to appear in the<br />

subject of History, therefore, cannot be accepted at the present stage.<br />

There is no merit in this writ petition, which is hereby dismissed at the admission stage.<br />

***

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