- (1.) The petitioner has filed the instant writ petition being aggrieved of the action of the respondent-authorities, whereby his candidature for the post of Medical Officer, (H.C.M.S.-II) has been rejected on the ground that his application was received after the closing date i.e. 15.3.2013 as stipulated in the advertisement. The facts of the present case lie in a very narrow compass. The Department of Health, State of Haryana issued advertisement dated 22.2.2013 (Annexure P-1) for filling up 434 posts of Medical Officers (H.C.M.S. Class-II) on a regular basis. Apart from laying down the eligibility conditions, there was a specific condition as regards the last date for submission of application forms i.e. 15.3.2013. The relevant condition contained in the advertisement read in the following terms:- The last date of submission of application form is 15.3.2013. The interview shall be started from 28.3.2013. The place of the interview is office of the Director General Health Services, Health Services Bhawan, Sector 6, Panchkula (Haryana). The roll numbers and interviews list shall be displayed on the website of the department. You may access the website for uptodates and for important announcement. The interview call letters will be not be sent separately.
(2.) Learned counsel for the petitioner has not disputed the fact that the application of the petitioner was received by the respondent-Department after the closing date i.e. 15.3.2013 but would argue that the petitioner had dispatched the application through Speed Post on 12.3.2013 itself i.e. well in time and as such the delay that has occurred is on account of the postal authorities. Counsel has vehemently argued that any delay for which the petitioner himself is not responsible but which would be attributable to the postal authorities cannot work to the prejudice of the petitioner and he cannot be denied consideration for appointment to the post in question on such ground alone.
(3.) Having heard learned counsel for the petitioner at length and having perused the pleadings on record, I am of the considered view that the present writ petition merits dismissal.;