Pratibha vs The State of Karnataka

Mohan M. Shantana Goudar, J.—The question involved in this writ appeal is as to whether the time to submit the applications for appointment to the post of Women Police Sub-Inspectors (Civil) is extended from 07.10.2014 to 08.10.2014 or not.

The learned Single Judge, while dismissing the writ petition, has concluded that all the applicants have uploaded their applications through electronic media on 07.10.2014. However nothing is observed in respect of the question as to whether the time is extended up to 08.10.2014 or not.

Sri. Bhimakkanavar, learned Counsel for the appellant, drawing the attention of the Court to ''Annexure-D'' submits that, as per the instructions uploaded from the official website of the respondents, the time to submit applications is extended up to 6.00 pm of 08.10.2014. However, in the next portion of the very notification ''Annexure-D'', it is stated that last date for filing the application was 07.10.2014 (6.00 pm). Since the official website of the department has mentioned two dates, which are supposed to be the last dates for submitting the applications, the confusion is created in the mind of the applicant. According to the writ petitioner/appellant, she has submitted the application on 08.10.2014 keeping in mind the instructions as found in the official website of the respondents, but the same is not accepted by the department.

Sri. C.S. Patil, learned Addl. Government Advocate opposed the writ appeal on the ground that, by mistake the official of the department has mentioned the last date as 08.10.2014 in the official website. But as a matter of fact, the last date was 07.10.2014 itself. He further submits that, in the Gazette notification as well as in paper publication, the last date was 07.10.2014. In that regard, the affidavit of the official is submitted before this Court. He brings to the notice of this Court that the physical test is already over and the written tests are to be conducted on 11th December 2014.

Be that as it may. Since the official website of the department states that the last date for submitting the application is on 08.10.2014, the interest of justice would be met, if the appellant''s application is directed to be accepted by the department. Since the applications are to be submitted online, it is quite natural for the applicants to see the official website and take action accordingly. As the official website also declares that the last date is on 08.10.2014, the applicant was entitled to submit her application on 08.10.2014 also.

Moreover, we find from the records that the writ petitioner/appellant has sent e-mail to the 2nd respondent in respect of filling up of online application and so also she has addressed a representation letter by RPAD on 08.10.2014 itself. This fact would clearly reveal that the writ petitioner/appellant has made all efforts to submit her application on 08.10.2014 itself.

In view of the same and keeping all the aforementioned facts in mind, she may have to be given the benefit of submitting her application, in as much it appears she is not at fault. Hence, the following order is made:

The appellant shall appear before the 2nd respondent on 10.12.2014 at 11.00 am. On that day, hard copy of the application shall be furnished to the writ petitioner/appellant, who shall immediately fill up the said application and submit the same before the 2nd respondent. The physical test shall be conducted in respect of the appellant on 10.12.2014 itself. The appellant shall be permitted to appear for the written test on 11.12.2014 along with other candidates at Bangalore Centre. Further proceedings will take place as per law.

We make it clear that this order shall not be made precedent in any other cases. Copy of this order shall be furnished to the Counsel for the appellant as well as the State Government today itself by the Court Officer.

The appeal stands disposed of accordingly.