Civil Writ Petition No. 12626 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 12626 of 2009 Date of decision: 21.8.2009 Rupesh Sharma ...petitioner Versus State of Haryana and another ...respondents. CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. J.P. Sharma Advocate for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana for the State. Mr. H.N. Mehtani, Advocate for respondent No.2. ***** RANJIT SINGH J. The petitioner had qualified in the preliminary examination for recruitment in the HCS (Executive Branch) and other allied services, pursuant to an advertisement issued in the year 2008. Result of the preliminary was declared on 2.5.2009 in the newspaper. The petitioner avers that he was neither intimated the result nor was sent any application form to be filled for him to appear in the main written examination. The candidates were informed to collect the application form for the main examination from the office of Haryana Public Service Commission in the same news item through which the result was declared (Annexure P-2). The attention of the candidates was also drawn to the brochure. Last date for the submission of the form was 25.5.2009. The petitioner states that he had filled this form and submitted in the office of Haryana Public Service Commission on Civil Writ Petition No. 12626 of 2009 2 25.5.2009 in person. The petitioner also gave his option for the optional subject. As per the petitioner, no receipt, however, was given to him. The petitioner continued to prepare for appearing in the main examination. When he did not receive any roll nunber or intimation he approached the office of Haryana Public Service Commission on 18.8.2009. The petitioner learned to his shock that application form submitted by him was stated to have not been received in the Commission. He has thus filed this petition. Counsel for the petitioner has made submission with lot of conviction that the petitioner has been preparing very hard for this examination. As per the counsel, the petitioner had failed to qualify in the last examination by a frisker. From this, the counsel would stress with lot of emphasis and submit that person like the petitioner, who is rather hopeful of succeeding would not fault in submission of his application forms. The counsel would thus plead that there is something amiss somewhere in the office of Haryana Public Service Commission that his form has got misplaced for which the petitioner should not be made to suffer. Prayer is made to allow the petitioner to sit in the main examination fixed on 22.8.2009. Haryana Public Service Commission was put to notice and it has filed reply promptly just within day's notice. Mr. Mehtani has placed before me a register containing a date wise entry of all the application forms that were received in the office of the Commission for this examination. He has drawn my attention to the entries made on 25.5.2009 regarding all the applications, which were received on the said date. The register contains entries of name of persons who had submitted these application forms. There is a Civil Writ Petition No. 12626 of 2009 3 column in the dispatch register where the signatures of the person submitting the forms had been obtained. The petitioner's name is not found recorded. This register is apparently maintained in the normal course of official business. If the petitioner had submitted his form, the entry was bound to be made in this regard in the register. The case set up by the petitioner is that he had submitted his application form at the counter for which no receipt was given to him. A copy of a blank application form is also placed before me. The form has a detachable acknowledgment slip affixed on the first page of the form. This is sent/given to a person concerned in acknowledgment of the receipt of application forms. It cannot thus be accepted that a person submitting form in person would not have been given the receipt. There is no allegation of any mala fide against any employee of the Commission. The bald assertion of the petitioner, even supported by an affidavit would not be a sufficient or satisfactory proof of submission of the application form by the petitioner. The record placed before me clearly shows that there is a proper system, working in the office of Public Service Commission for receipt of Dak. From the material placed on record, it is not possible to hold that the petitioner had submitted his application. It is for the petitioner to establish this fact but he has not been able to do so with assurance. The cut off dates are provided for submission of applications and are required to be adhered to. It may be sad to notice that hard work of the petitioner would go waste but he himself is to be blamed for this. The petitioner has not been vigilant enough to look after his own interest. The pleas now raised cannot be Civil Writ Petition No. 12626 of 2009 4 construed to say that he had submitted his application form. The petitioner has nothing to show that he had submitted his form. Indeed the petitioner has raised dispute of facts in this regard, which cannot be gone into in exercise of writ jurisdiction in the absence of any material. The Commission was put to notice only to see and assure that receipt of such like documents are properly accounted for in the office of Commission. No case for interfering in exercise of writ jurisdiction is made out. The writ petition is accordingly dismissed. August 21, 2009 ( RANJIT SINGH ) rts JUDGE