IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6934 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Prakash s/o. Bhikka Rathod, Age 21 years, Occ. Nil R/o. Yeldari, Post Yeldari (Camp), Taluka Sengaon, Dist. Hingoli. ... PETITIONER VERSUS 1] Chief Conservator of Forest (Territorial), Aurangabad Region, 'Vanbhavan”, Infront of H.S.C. Board, Osmanpura, Aurangabad. 2] Sub Post Master, Post Office, Sengaon, Tq. Sengaon, Dist. Hingoli. 3] The State of Maharashtra through its Secretary Revenue and Forest Department. Mantralaya, Mumai. ..RESPONDENTS. Mr. A.N. Nagargoje, Advocate for petitioner. Mr. V.D. Rakh, AGP for respondent Nos. 1 and 3. CORAM :- B.R. GAVAI & M.T. JOSHI, JJ. DATE :- 13th SEPTEMBER, 2011. ORAL JUDGMENT : - [ PER B.R. GAVAI,J.} :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6934 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 1] Leave to delete respondent No.2 2] Heard learned counsel for the petitioner and learned AGP for respondent Nos. 1 and 3. 3] Rule. Rule made returnable forthwith. Heard finally by consent of parties. 4] The petitioner has approached this court for a direction to respondent No.1 to accept the petitioner's application form for the post of Forest Guard and allow him to participate in the selection process, which is initiated in pursuance to the advertisement dated 8th August, 2011. 5] The respondents had advertised various posts in Class III cadre of the Forest Guard, vide advertisement dated 8th August, 2011. The petitioner, who is resident of Yeldari, Tauka Sengaon, District Hingoli, had submitted his application form through Speed Post, Sengaon, District Hingoli. However, the envelope containing the application was returned to the applicant on 6.9.2011. As such, the petitioner has approached this court. 6] We had requested the learned AGP to verify from the postal department, as to when the envelope containing the IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6934 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 application of the petitioner was received in the post office at Aurangabad. 7] Learned AGP , on instructions, submits that the envelope containing the application of the petitioner was received in the office of the Sub-Post Master, Kranti Chowk on 2.9.2011 and as per the directions of the Forest Department, since it was received after 30th August, 2011, it was returned back to the applicant. As such, no error could be noticed with the respondents in not accepting the application form. However, it is to be noted that the applicant, who resides in a remote area, after noticing the advertisement and after collecting all the necessary documents, had sent the application form through Speed Post on 27.8.2011 at 11.00 a.m. It is to be noted that Clause 8 of the advertisement, is capable of giving an impression that the application is to be sent only by registered post. It is further provided in the advertisement that the applicant should keep the receipt of the postal department with him. It could be noticed from the receipt, which is placed at Exhibit C of the petition, that the application was sent on 27th August, 2011, at 11.00 a.m. It could be seen that as between the time on which the application was sent and the time for submission of the application, there was a time gap of about 80 hours. The distance between Sengaon and Aurangabad is hardly 160 Kms. If the Postal IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6934 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4 Depatment requires 5 days to deliver the Speed Post to a place at a distance of 160 kilometers, the petitioner cannot be faulted with, particularly, when the advertisement is capable of giving an impression that the applications are required to be sent through registered post. 8] Therefore, In the peculiar facts and circumstances, we find that the respondents need to be directed to consider the application of the petitioner. It is to be noted that the selection process, which has commenced yesterday, is scheduled to continue till 16th September, 2011. In that view of the matter, we are inclined to allow the petition. 9] Writ petition is allowed. The respondents are directed to accept the application form of the petitioner and permit him to participate in the selection process. Rule made absolute in above terms with no orders as to costs. Learned AGP to act upon the authenticated copy of this order. [M.T. JOSHI,J.] [B.R. GAVAI, J.] grt/-