1 S.B. CIVIL WRIT PETITION NO.4043/2007 (Asha Kumari Dhobi Vs. State & Anr.) Date of Order ::3rd September 2007. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Sandeep Saruparia, for the petitioner. Mr. Tarun Joshi, for the respondent-RPSC. ... Grievance of the petitioner in this petition for writ is that in response to the advertisement dated 30.10.2006 (Annex.2), she offered her candidature by submitting the requisite application with necessary enclosures that was forwarded to the respondent-Rajasthan Public Service Commission ('RPSC') by registered post (vide postal receipt Annex.P/3); that the said registered cover was delivered to the RPSC on 06.12.2006 as certified by the Postal Department (vide Annex.P/3); that she was allotted Roll No.115547 (vide Annex.P/4); that she appeared in the examination and secured 54.67 marks (vide Annex.P/6) but now RPSC is alleging that her application form and OMR Sheet were not received and is illegally depriving her of the chance of selection. The stand of the respondent-RPSC is that the application form and OMR Sheet were not received by them; and that the petitioner was merely allowed to appear with other candidates in view of several representations made. 2 The stand taken by RPSC does not appear correct and cannot be countenanced. The fact that the postal article sent under receipt No.A3678 was delivered to RPSC on 06.12.2006 is established by the postal receipt and certification from the Postal Authorities (collectively placed as Annex.P/3); and there appears no reason to doubt or dispute the certificate issued by the Postal Authorities. It is not the case of RPSC that under the said postal cover any other application or letter or communication was received. Once the postal article sent by the petitioner is found to have been delivered to RPSC, it remains under obligation and responsibility to account for the same; and for the RPSC failing to do so, there appears no reason to deprive the candidate of her rights for a fault that could be attributed anywhere but upon the petitioner. The petition succeeds and is allowed. The respondent- RPSC shall consider petitioner's candidature with reference to the marks obtained by her in the written examination in accordance with law taking that she did submit her application complete in all respects within time; and if necessary, for the purpose of completion of its records, RPSC might ask the petitioner to fill up another application form. The petitioner shall appear before RPSC on 06.09.2007 with all necessary credentials for appropriate proceedings. No costs. (DINESH MAHESHWARI), J. MK 3