In the High Court of Punjab and Haryana at Chandigarh CWP No. 2076 of 2008 Date of decision: 01.04.2008 Mahender ......Petitioner Versus Collector, Fatehabad etc. .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.Parveen Bhadu, Advocate, for the petitioner. Ms.Palika Monga, A.A.G.Haryana for the respondents. **** JUDGMENT M.M.KUMAR, J. The prayer made by the petitioner in the instant petition is to quash the advertisement dated 7.1.2008 (Annexure P-1) issued by respondent No.2 on the principal ground that only one day's time was given to apply for the position of Stamp Vendor. The advertisement invited applications for the 8 positions of Stamp Vendors in Tehsil Fatehabad, Sub Tehsil Bhuna and Bhattu Kalan in Sub Division Fatehabad. The applications by the interested persons along with their certificates of academic qualifications were to be filed CWP No. 2076 of 2008 -2- till 5.00 p.m. by the next date i.e. 8.1.2008 in the office of the Sub Divisional Officer, (Civil), Fatehabad. It was specifically made clear that no application form was to be entertained thereafter. The advertisement has appeared in Hindi Daily “Faridabad Kesri”. The matter came up for consideration on 12.2.2008. While issuing notice of motion, we have stayed the declaration of result. In the written statement, the stand taken is that in response to the advertisement for filling up eight positions of stamp vendors in Fatehabad and four positions each in sub Tehsil Bhuna and Bhattu Kalan in Sub Division Fatehabad, 107 applications have been received. It is stated that due legal process for inviting applications for granting licences to the Stamp Vendors has been followed which is apparent from the fact that 107 applications were received. In para 5 of the written statement reference has also been made to Rule 26 of the Punjab Stamp Rules 1934 claiming that no specific educational qualification is required and no advertisement is required to be issued. The requirement of the Rule is only that no person is to be licensed until licensing officer has satisfied himself that the person to be licensed bears good moral character, is educationally qualified for the purpose of writing clearly. The respondents have claimed that in order to ensure transparency in the process of issuing licence for selling stamps by Stamp Vendors, the advertisement in the newspaper was published. CWP No. 2076 of 2008 -3- After hearing learned counsel for the parties and perusing the paper book, we are of the considered view that the respondents have acted unfairly by granting only 1 day's time to the general public to apply for the position of Stamp Vendor. The receipt of 107 applications would not justify the unreasonable short time given to the general public including the petitioner for making an application for obtaining licences of Stamp Vendors. In one day's time people from distant places cannot even travel for handing over applications and the applications cannot be sent by post within the given time. It appears that the respondents have design to given these positions only to those people who living in the local area so that no person residing outside local area is able to apply. This is wholesome violation of Constitutional mandate. The principles of equal opportunity envisaged by Articles 14 and 16(1) of the Constitution do not permit that the candidates who wish to apply are to be given such a short time. It would be a mirage of equal opportunity principle and making mockery of equality before law. The respondents should have given at least two weeks' notice to the general public for making applications. We find that there is no justification for giving such a short notice. In view of the above respondents are directed to publish a fresh advertisement by giving two weeks' time to the general public including the petitioner to apply for the position of Stamp Vendor with a stipulation that those who have already applied need not to apply CWP No. 2076 of 2008 -4- again and the cases of 107 applicants shall be considered along with fresh applicants. The needful shall be done within two weeks from the date of receipt of a copy of this order. Writ petition stands disposed of in the above terms. (M.M.KUMAR) JUDGE (SABINA) April 01, 2008 JUDGE anita