- (1.) HEARD learned counsel for the petitioners, learned Standing counsel, Sri Madhur Kant Srivastava, learned counsel for the respondent University and Mr. Sanjay Bhasin, learned Counsel for the opposite party No.2 and perused the record.
(2.) BRIEF facts relevant for decision of this petition are that on 7.3.2011 the University invited applications from candidates for appearing in Combined Pre-Medical Test 2011 and the last date for submission of forms was 11.4.2011. Though the petitioners sent their applications by Speed Post on 8.4.2011, yet the opposite party No.3 returned the forms without assigning any reason. Being aggrieved, the instant writ petition has been filed for a direction to the opposite parties to allow them to appear in the Entrance Test, as it will be held on 25.5.2011. On the basis of instructions, learned Counsel for the University submits that as the application was received after the cut off date, the same have been returned. In the brochure and the advertisement, there was a condition for sending the admission form only through registered/speed post but the cut off date was fixed. Admittedly the form of the petitioners reached the respondent University after the cut off date and therefore, the application of the petitioners were not considered and thus, this petition for a mandate to allow the petitioners to appear in the said entrance examination. It is urged on behalf of the petitioners that since a single mode was provided for sending of examination forms and it was sent through that mode before the cut off date, the respondents are bound to consider their application. The issue has already been considered by this Court. A Full Bench of this court in the case of Neena Chaturvedi vs. Public Service Commission and others [2010 (9) ADJ 152] has held as following in paragraphs 38 and 39 : "38. The various judgments which have been considered would indicate that the postal rule normally applies when there is a case of offer and acceptance. The judgments of our Supreme Court are in a set of cases of an agreement between the debtor and the creditor that the cheque should be sent by post. It is in these circumstances that Courts in India applied the postal rule, whereby the Post Office becomes an agent for the addresses (creditor) in those circumstances. 39 If applications are invited by addressee for an interview or recruitment from eligible members from the general public, by advertisement either expressly by one mode or more, one of which is post office, when an applicant chooses to send his application through post, though the letter is posted in time but delivered later after last date of receipt, the question that arises for consideration is : "On an offer being made by advertisement, and an acceptance is sent by post, when does the acceptance becomes complete, on date of receipt of the acceptance in the post office or its receipt by the addressee". On an advertisement being issued by the offeror inviting applications through post and the sender (applicant) sends application through post (acceptance) but the same does not reach by the date mentioned in the advertisement, will the postal rule apply? The offeror in such cases, apart from inviting applications also lays down as one of its terms, that applications have to be received by a particular date. The offer therefore made if any, is receipt of the application through the post by a particular date.
(3.) THE postal rule however applies, the moment an acceptance is posted through post, then the post office becomes the agent of the addressee (offeror). An advertisement inviting applications for examination or recruitment is merely an invitation to offer and not an offer itself. THE person who sends his application by post or by any other mode assuming it is based on an offer, must send the acceptance by the particular date, in terms of offer. If it does not reach by that date, there can be no acceptance and the postal rule would not apply." The entire argument of the petitioners is covered by the aforesaid decision and, therefore no mandate, as prayed, can be granted. Accordingly, the writ petition is dismissed.;