BUDHI SAGAR DUBEY Vs. U P PUBLIC SERVICE COMMISSION ALLAHABAD
LAWS(ALL)-1982-2-73
HIGH COURT OF ALLAHABAD
Decided on February 05,1982

BUDHI SAGAR DUBEY Appellant
VERSUS
U P PUBLIC SERVICE COMMISSION ALLAHABAD Respondents

JUDGEMENT

R. M. Sahai, J. - (1.) These are two applications on behalf of Jai Prasad and Sri Ram under Section 151 C. P. C. for being impleaded as petitioners Nos. 6 and 5 respectively in writ petition No. 621 of 1982 admitted on 22-1- 1982. It has been further prayed that an interim order in their favour may be granted as was passed in the writ petition mentioned above. The circumstances in which these applications have been made are that the Public Service Commission, Uttar Pradesh, Allahabad advertised in May, 1981 for holding Combined State Service Examination and the last date for submission of the applications forms was notified as 20-6-1981. In the month of June, 1981 there was postal strike at Allahabad consequently the application forms sent by large number of candidates could not reach the office of Commis sion. They, however, received yellow cards sent from Commission in July, 1981, containing roll numbers etc. , Subsequently the Commission appears to have taken the view that candidates whose forms were received after 20th June, were not eligible consequently notices were sent to applicants informing them that they will not be permitted to undertake the examination. Similar notices were served on Budhi Sagar Dubey and others who filed above noted writ peti tion and obtained interim order on 29-1-1982 permitting them to appear in the examination which is now scheduled to be held from 11th February, 1982. That the applicants had to run to this Court to obtain such order when similar order had been passed in other cases was not clear. It was explained by the learned counsel for petitioner that the commission was not permitting any applicant unless he obtained order from this Court. This attitude of the Com mission is not understandable. It is resulting in unnecessary filing of petitions and applications causing inconvenience and expenditure to candidates, some of whom might not be in a position to afford, and wastage of Courts time. There appears to be no reason why all those candidates to whom yellow cards were issued or who had sent their applications prior to 20th June, 1981 should not be permitted to appear. The Commission may, therefore, adopt reasonable attitude and permit all such candidates instead of directing them to come to this Court and be subject to harassment. In the circumstances these applications are allowed Sri Jai Prasad and Sri Ram shall be impleaded as petitioners in Civil Misc. Writ Petition No, 621 of 1982 admitted on 22-1-1982. The Public Service Commission is further directed to permit these persons to appear in the examination. If necessary it may also issue such document namely admit card etc. , which may enable them to appear. Copy of this order shall be given today on filing proper application. .;


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