S. Rafat Alam, J. - (1.) In the instant writ petition the petitioner has made a prayer for issuance of a writ of Mandamus directing the Public Service Commission, U.P., (for short the Commission), to permit the petitioner to appear in the Combined State/Upper Subordinate Services (Prelim). Examination, 1995, scheduled to be held on 2-6-1996 and thereafter declare his result.
(2.) It appears that the Commission invited applications for the aforesaid examination vide advertisement No. A- 1/E-1/95-96 from the eligible candidates. As per the eligibility clause of the advertisement, a candidate born after 2-7-1963 and before 1-7-1974 was eligible to apply for the aforesaid examination. The petitioner also submitted his application in terms of the aforesaid advertisement within the prescribed time. However, when the petitioner did not receive any intimation or admit card for appearing in the examination, he approached the respondent by filing an application on 25-5-96 for issuance of the admit card. According to the petitioner no order has been passed on his application.
(3.) Sri V.M. Sahai, learned Counsel for the Commission respondent stated that the admit card to the petitioner has not been issued as he did not mention his date of birth in the application form and therefore, the Commission has rejected the same in terms of the Clause 11 of the advertisement. Learned Counsel for the petitioner submitted that the petitioner was born after 2-7-63 and before 1-7-74 and thus eligible to appear in the said examination and his candidature cannot be rejected on this technical ground alone. He further argued that the Commission never intimated earlier to the petitioner about the aforesaid defect in his form otherwise the petitioner could have rectified the defect in his form.;