Divya Pant vs State of Uttarakhand and others

Hon''ble U.C. Dhyani, J.—Heard.

By way of this writ petition, the petitioner seeks to issue a writ, order or direction in the nature of mandamus directing respondent No. 1 to accept the application form of the petitioner for the post of Trainee Teacher in Govt. Primary Schools of Uttarakhand State pursuant to the advertisement dated 14.12.2011.

Respondents issued an advertisement in which last date of submission of application form was 25.12.2011. It was mentioned in the advertisement that application form can be submitted in the office of concerned DIET either by registered post/speed post or by hand. The petitioner sent his application form on 20.12.2011 by the registered post. The form reached in the office of respondent No. 2 on 26.12.2011 but the respondent No. 01 refused to accept the form.

Contention of learned counsel for the petitioner is that the petitioner sent his application form in time but same could not reach the office of concerned DIET on 25.12.2011, as post office was closed on Sunday. He submitted that since 25.12.2011 was Sunday, the respondents should have accepted the application form of petitioner on 26.12.2011.

Having heard the learned counsel for both sides, it is more than clear that 25.12.2011 was Sunday as well as Christmas Holiday, which is a national gazetted holiday. As such, the last date for submission of application form ought to be read as 26.12.2011 instead of 25.12.2011.

According to Section 10 (1) of the General Clauses Act, 1897, where, by any Central Act or regulation made after the commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open.

It is clear from the facts on record that on 14.12.2011, the advertisement was published by Director, Primary Education Uttarakhand in News Papers for filling the post of primary teachers and the candidates who qualified the TET test were required to submit the requisite application at their home district to the Principal, District Institute of Education and Training/District Resource Centre by registered post/speed post/dasti before 25.12.2011 by 5.00 p.m. for appointment of teachers in various districts of Uttarakhand and the petitioner in pursuance of the advertisement applied for the post and posted the duly filled form on 20.12.2011. The application form reached in the office of respondent No. 2 on 26.12.2011 as 25.12.2011 was a Sunday as well as a gazetted holiday. Respondent No. 1 refused to accept the same on 26.12.2011 as is evident from letter of respondent No. 2 dated 29.12.11.

In view of the facts enumerated above, the petition is finally disposed of at the admission stage itself with the direction to respondent No. 1 to accept the application form of the petitioner in the selection process, if she is otherwise eligible for the same.