Civil Writ Petition No. 9333 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 9333 of 2009 Date of decision:22.06.2009 Sonia Sankhala and another ...Petitioners Versus Haryana Public Service Commission and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. R.S.Sihag, Advocate for the petitioners. ***** S.D.ANAND, J. Respondent no.1 i.e. Haryana Public Service Commission invited applications for the recruitment to the HCS (Executive Branch) and allied services Examination, 2009. In terms of the advertisement, the last date for the receipt of application forms in the context was 4.2.2005. As per averments in the petition, respondent no.1 did not issue Roll Nos. to the petitioner on the premise that their applications had not been received by the due date. That fact was announced to the petitioners before holding of the preliminary examination aforementioned. On the own showing of the petitioners, the preliminary examination, for recruitment to the Executive Brach of the State Civil Services was held on 26.4.2009. The learned counsel further Civil Writ Petition No. 9333 of 2009 -2- **** informs that result thereof was declared some time in the month of May, 2009. The learned counsel is not in a position to indicate the exact date of the announcement of the result of the preliminary examination. The petitioners, who not doubt appear to be academically meritorious, were denied access to the preliminary examination on the averred plea that their applications were not received in time. The plea raised by the petitioners is that their applications had been delivered in the office of the Haryana Public Service Commission on 19.1.2009. Reliance in support of the aforementioned plea, is placed upon Annexure P-8 and Annexure P- 9 which are the certificates of delivery issued by the Manager, Speed Post Centre, Gurgaon. It, thus, emerges from the above pleadings-related averment that the reasons for non issuance of Roll Nos. (on the premise that the application had not received in time) were announced by the Haryana Public Service Commission to the petitioners before preliminary examination came to be conducted on 26.4.2009. The result thereof was declared in the month of May, 2009. The petitioners allowed the preliminary examination to be held on 26.4.2009. They also did not get into action when the results of the preliminary examination were announced in May, 2009. They have presently made a grievance to the above effect and have applied for the issuance of mandamus to the respondents “to conduct the preliminary examination of the petitioners as special case before commencement of the main Civil Writ Petition No. 9333 of 2009 -3- **** examination of HCS (Exe.Br.) and Allied Services Examination, 2009”. They have also applied for the mandamus to respondents no.1 and 2 “for considering the petitioners to appear directly in main examination of HCS (Exe.Br.) and Allied Services Examination, 2009 as a special case”. In view of the conceded position that the petitioners did not make a grievance of the alleged dereliction on the part of the respondents throughout the months of April and May, 2009 and they have opted to approach this Court only after the holding of the main examination has been announced by the HPSC, the inescapable inference drawable is that the cause filed by the petitioners suffers from deep amount of latches. The law constitutionally aids the vigilant. The law is reluctant to advance the cause of sluggish lot. In this particular case, the stage is set for the holding of main examination. It would be impractical to order respondent No.1 to hold a preliminary examination only for the purpose of the petitioners. The scheme of things under the writ jurisdiction would not envision such an illogical eventuality. In the circumstances of the case, the petition is held to be denuded of merit and is ordered to be dismissed in limine. June 22, 2009 (S.D.Anand) Pka Judge