Decided on October 17,2012

Sagar Bhatt Appellant
State of Uttarakhand and others Respondents


V.K. Bist, J. - (1.) HEARD learned counsel for the parties.
(2.) PRESENT petition has been filed by the petitioner for quashing the order dated 21.08.2012 passed by the Principal, District Institution of Education and Training (DIET), Lohaghat, district Champawat, by which the petitioner has been informed that since his application did not reach in the concerned DIET before the last date of submission of application form, he cannot be permitted to appear in the counseling. On 15.12.2011, an advertisement was issued by the Director, Primary Education, Uttarakhand, asking application from the eligible candidates for the posts of Trainee Teacher. In the advertisement, last date of submission of application form was given 25.12.2011. It was provided in the advertisement that application form can be submitted in the office of concerned DIET either by registered post/speed post, or by hand. In pursuance of the said advertisement, the petitioner sent his application form through speed post on 19.12.2011 from the Post Office, Haldwani. Since same did not return, the petitioner was under the impression that his application form must have been received by the respondents before the last date. When the list of eligible candidates for counseling was issued by the DIET, Lohaghat, district Champawat and the petitioner did not find his name in the said list, he enquired and was informed by the Principal, DIET, Lohaghat, district Champawat that since his application form did not reach in time, he is not being called for counseling. On this, the petitioner submitted an application under the Right to Information Act before the Chief Public Information Officer (C.P.I.O.)/Senior Superintendent of Post Office, Nainital. On 09.08.2012, the C.P.I.O./Senior Superintendent of Post Office, Nainital informed the petitioner that speed post letter No. EV290003290IN, dated 19.12.9011, addressed to DIET, Lohaghat, was sent to Almora Speed Post Hub on 20.12.2011. By the said letter, the petitioner was informed to gather further information from the Superintendent, Almora Post Division. Thereafter, the petitioner asked information from the Superintendent of Post Office, Almora Division, who informed the petitioner on 31.08.2012/03.09.2012 that the said article was sent to Pithoragarh on 24.12.2011. Thereafter, the petitioner also inquired from the C.P.I.O./Senior Superintendent of Post Office, Pithoragarh Division, who informed the petitioner that speed post sent by him was received on 26.12.2011 and on the same day, it was sent for delivery to DIET, Lohaghat, but DIET, Lohaghat refused to accept the same and due to this reason, same was returned back to the sender. Thereafter, the petitioner also approached the Post Master, Nainital, asking him the status of his speed post letter, but no information was supplied to him. Hence, this petition has been filed by the petitioner.
(3.) THE case of the respondent Nos. 1, 2 & 3 is that since the application form of the petitioner did not reach in time and the same was returned back to the petitioner, the candidature of the petitioner cannot be considered for the post of Trainee Teacher and the petitioner cannot be called for the counseling.;

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