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

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ORISSA HIGH COURT, CUTTACK
W.P. (C) NO.2170 OF 2004
D.D. 13.7.2005
The Hon’ble Mr. Justice B.P.Das &
The Hon’ble Mr. Justice A.K.Samantray
Madhumita Das ... Petitioner
Vs.
State of Orissa & Ors. ... Opposite Parties
Recruitment:
Petitioner a candidate for Orissa Judicial Service Examination Class-II produced copies of all the
required certificates except the certificate passing Oria language by the last date 15.1.2004 but gave
a undertaking stating that she had already appeared for the said examination on 23.11.2003 and
produce the certificate as soon as the same was issued to her – Petitioner’s application was rejected
on the ground that she had not enclosed the certificate of passing Oria language test as per the
advertisement – Petitioner challenged the same and as per interim order was permitted to take the
examination and succeeded in the written test and appeared at the viva-voce the result of which was
not published – Though the result of Oria language test was published on 9.12.2003 in which the
petitioner was passed she was not aware of the same - After receipt of the certificate in the said
examination she submitted the same before the Commission on 21.1.2004 – Whether the application
submitted by the petitioner before the Commission was valid on the last date fixed for submission of
applications – High Court following the decision of the Supreme Court in State of Rajasthan Vs.
Hitender Kumar Bhatt – AIR 1998 SC 91 - has held that since the petitioner had not submitted her
application complete in all respect by the last date for receipt of applications no infirmity in the action
of the Commission in rejecting the application.
Held:
A cut-off date, by which all the requirements relating to qualifications have to be met, cannot be
ignored in an individual case. There may be other persons who would have applied had they known
that the date of acquiring qualifications was flexible. They may not have applied because they did not
possess the requisite qualification on the prescribed date. Relaxing the prescribed requirements in the
case of one individual may, therefore, cause injustice to others.
Cases referred:
1993 (I) S.L.R. 379 - Ashok Kumar Sharma v. Chander Shekher
(1994) 2 A.T.T. (S.C.) 423: 1994 AIR SCW 2861 U.P. Public Service Commission, Uttar
Pradesh v. Alpana
1997 (II) O.L.R. 263 - Urmila Beura v. Director, Higher Education, Orissa
AIR 1998 SC 91 - State of Rajasthan vs. Hitendra Kumar Bhatt
B.P. Das, J.
Orissa PSC
ORDER
This writ application has been filed by the petitioner with a prayer to direct the opposite parties to
allow her to appear at the Orissa Judicial Service Examination, Class II, conducted in pursuance of
Advertisement No.10 of 2003-04 (Annexure 01) and was scheduled to be held on 29.2.2004.