IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15428 of 2011 ====================================================== 1. Sri Krishna Nandan Sah S/O Sri Mahendra Sah R/O Village - Harka Jaswant P.O. Harka Manshahi, P.S. Minapur, District - Muzaffarpur .... .... Petitioner/s Versus 1. Union Of India Through Chief Post Master General, Bihar Circle, G.P.O. Compound, Patna 2. The Chairman, Bihar Karmachari Chayan Ayog, Veterinary College, Patna - 800014 3. The Postal Superintendent, Muzaffarpur 4. Secretary, Bihar Karmchari Chayan Ayog, Post Veterinary College, Patna - 800014 5. The Post Master, Post Office, Minapur, Muzaffarpur 6. Member Cum Examination Controller, Bihar Karmchari Chayan Aayog, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Basant Kumar Tripathy For the Respondent/s : Mr. Raghib Ahsan(Asst.Sg) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 3 16-12-2011 Heard learned counsel for the petitioner and learned Additional Advocate General-1 appearing on behalf of the Bihar Staff Selection Commission (hereinafter referred to as the Commission). The Commission published an advertisement inviting the applications for the post of Secretariat Assistants. The last date fixed for receipt of applications was 31.5.2011. The advertisement specified that the applications must be sent through registered post or speed post. The petitioner dispatched his application by speed Patna High Court CWJC No.15428 of 2011 (3) dt.16-12-2011 2 post on 26.5.2011. It reached the Commission after 31.5.2011. Learned counsel for the petitioner submits that if the respondents have prescribed the mode and the agency for transmission of the applications, no sooner that the petitioner complied the same by putting it in transmission by speed post through the postal department, the Department became the agent of the Commission and any delay by the Department in delivery to the commission cannot visit him with the consequences. He has to be permitted to appear in the ensuing examination on the 18th of December, 2011. Reliance has been placed on a Division Bench Judgement reported in 1998 (3) P.L.J.R. 901 (Md. Aarif Khan vs. B.P.S.C. Learned counsel for the Commission opposing the application relies on another Division Bench Judgement reported in 2010 (2) P.L.J.R. 1008 (Manas Kumar Sinha vs. Bihar Public Service Commission) which also notices the former. In both the judgements the conclusion is that in such situations the postal department is the agent of the Commission. But the judgement in the case of Manas Kumar Singh (supra) holds that under Section-6 of the Post Office Act exemption of liability attaches since the Principal was the State Government and not the Commission. That aspect did not come up for consideration in Md. Aarif Khan Patna High Court CWJC No.15428 of 2011 (3) dt.16-12-2011 3 (supra). The Bench remains bound by the decision in the case of Manas Kumar (supra). The writ application is dismissed. Krishna Chandra Jha/- (Navin Sinha, J)