- (1.) AND also personally by 17. 9. 2001.
(2.) SINCE two modes are prescribed and the petitioner availed the only one mode of making an application by Post, the department cannot be held to be at fault. It is the risk and responsibility of the petitioner unless of course one mode is prescribed. The question has been considered thoroughly in respect of the issue in toto by a Division Bench of this Court in a judgement reported in (2006) 1 UPLBEC 152, Pramod Kumar Singh v. State of U. P. and another. Relevant por tion of the said judgment are reproduced hereunder: "6. . . . . . . . . . . . . . . . . . . . . . . . . . When two modes are prescribed by the Commis sion and one mode is availed the same is the risk and responsibility of the sender himself. Writ Court cannot evaluate amount of risk and responsibility to compensate the petitioner. If the petitioner is entitled for any compensa tion in accordance with law from the post office he can seek advise for the same but Commission cannot be held responsible by extending time for availing the postal mode only. It has been argued that if someone is stationed in a far away place and is not able to come to file such application personally second mode cannot help such candidate. We can understand the agony but in such case we cannot compel the Commission for accepting applica tion because post office is agent only in respect of the service through it. Moreover, according to us question is not the distance, but non-availability of other mode. Commission is to discharge public duty to all. It cannot find out individual difficulty to meet the same. Otherwise it will become never ending process. . . . . . . . . . . . . . . . . . . . . . . 9. Therefore, what we get from the above analysis? We get the answer that either in the law or in the contract or in the advertisement or in the necessary document if mode is prescribed, such mode will be the guiding principle in determining the issue as regards service. If the mode is one, one has no other alternative but to follow the same. If the mode is more than one then the alternative mode can be exercised. If one chooses to apply adopting one mode and failed to exercjse other mode, the responsibility lies with the sender not with the addressee because the post office is the agent only in respect of one mode. In the instant case, fault might have been committed by the post office be it agent of either of the parties or be it a public service mechanism. But so far as the Commission is concerned, it is not at fault whenever more than one mode is prescribed in the advertisement. . . . . . . . . . . . . . . . " Hence, the Writ Petition is liable to be dismissed, and accordingly dis missed. However, no order is passed as to costs. .;