IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 183 of 2011 (S/B) Km. Savita Chandola ….…… Petitioner Versus Uttarakhand Public Service Commission and others ……….Respondents Mr. Lokendra Singh, Advocate for the petitioner. Mr. B.D. Kandpal, Advocate for respondent No. 1. Ms. Anjali Bhargawa, Standing Counsel for the Union of India / respondent Nos. 2 and 3. Date of Judgment: 13.07.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. BARIN GHOSH, C.J. (ORAL) The advertisement, published by the Uttarakhand Public Service Commission, made it clear that the response thereto must reach the Uttarakhand Public Service Commission on or before 13th June, 2011. Response of the petitioner to the said advertisement, sent through speed post, was tendered to respondent No. 1 subsequent to 13th June, 2011. There is no dispute to that. Accordingly, as bound by what the Uttarakhand Public Service Commission held out in the advertisement, it could not and, as such, did not accept the said response. 2. By the present writ petition, petitioner is seeking the respondent No. 1 to accept the said response, which, admittedly, was tendered to the Uttarakhand Public Service Commission after expiry of the date specifically mentioned in the advertisement. Except contending that, respondent Nos. 2 and 3 have held out that a tender through speed post, reaches the addressee within 72 hours, nothing has been stated in the body of the petition on what basis the petitioner can seek a mandamus upon the Uttarakhand Public Service Commission to accept the said belated tender. In the event the postal authorities have acted in breach of what they had held out to the petitioner, the cause of action of the petitioner is against the postal authorities. Such cause of action cannot be converted into a right in favour of the petitioner to compel the Uttarakhand Public Service Commission to 2 accept a belated tender contrary to what had been specifically mentioned in the advertisement. 3. The writ petition is meritless and the same is dismissed. (Servesh Kr. Gupta, J.) (Barin Ghosh, C.J.) 13.07.2011 13.07.2011 Amit