[2025:RJ-JP:39165] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.3904/2011 Shyam Behari Dadhich S/o Shri Dev Karan Dadhich aged 49 years R/o Sultanpur Distt. Kota ----Petitioner Versus 1. Union of India through its Chief Post Master General, Rajasthan Circle, Jaipur. 2. Chief Post Master General, Rajasthan South Zone, Ajmer. 3. Sr. Superintendent, Post Office, Kota Division, Kota ----Respondents For Petitioner(s) : Mr. Ravi Kasliwal For Respondent(s) : Mr. Praveen Singh Rajawat HON'BLE MR. JUSTICE ANAND SHARMA Order 23/09/2025 1. Feeling aggrieved by rejection of candidature of the petitioner vide letter/order dated 08.03.2011 with the remarks that the application form was received after due date, the petitioner has filed the instant writ petition. 2. It is stated that in compliance of letter dated 10.02.2011 issued by the Chief Post Master General, Rajasthan Circle, Jaipur, Sr. Superintendent, Post Office, Kota Division, Kota issued one letter dated 17.02.2011 for inviting applications from departmental candidates for the post of Postman for which the last date to submit application was fixed as 25.02.2011. It is further stated that the information with regard to initiation of aforesaid departmental recruitment process on the post of Postman was [2025:RJ-JP:39165] (2 of 5) [CW-3904/2011] given to the petitioner only in the afternoon of 24.02.2011, i.e., only one day prior to the last date of submitting application form. 3. It is further submitted that pursuant to aforesaid information received on 24.02.2011, the petitioner sent his application form through registered post on 25.02.2011 and also deposited the requisite fee vide receipt dated 25.02.2011. 4. Learned counsel appearing for the petitioner submits that in the aforesaid circumstances, where the information with regard to initiation of departmental recruitment process through letter dated 10.02.2011 by the Chief Post Master General and letter dated 17.02.2011 by the Sr. Superintendent of Post Office, Kota Division, Kota was given to the petitioner only in the afternoon of 24.02.2011, the petitioner acted promptly and looking to the fact that last date for submitting application form was the very next date, i.e., 25.02.2011, he submitted his application form along- with the requisite fee on 25.02.2011 itself. Hence, in case, any delay has taken place in transit, the candidature of the petitioner could not have been rejected only with remarks that the application received after due date. 5. Learned counsel for the petitioner further submits that thus, in quite arbitrary manner, the respondents have deprived the petitioner of his legitimate right to participate in the process and still the petitioner is ready to participate in the examination in order to compete for the aforesaid purpose. 6. Learned counsel appearing for the respondents opposes the writ petition and submits that the writ petition is based upon disputed question of facts in the manner that the petitioner has stated that he had submitted application form on 25.02.2011 [2025:RJ-JP:39165] (3 of 5) [CW-3904/2011] whereas the fact was that he failed to submit his application form on 25.02.2011 and rather he sent the application form only on 26.02.2011. He also submits that merely on account of the fact that earlier wrong information was given to the petitioner with regard to date of submitting application form, which was subsequently rectified by the respondent-Department, no right is created in favour of the petitioner by treating his application form within time. He submits that the process of appointment was related to the year 2011 and now after 14 years, no relief whatsoever can be granted to the petitioner. 7. Heard and considered. 8. Although, there is a dispute with regard to the fact that as to whether the application form was submitted by the petitioner on 25.02.2011 or on 26.02.2011, yet the admitted facts are that the intimation with regard to initiation of the departmental recruitment process was sent by the respondents to the petitioner in the afternoon of 24.02.2011, whereas the last date for submitting application form was 25.02.2011. Under these circumstances, the action of the respondents cannot be held to be reasonable and justified, where the information was sent to the petitioner with regard to the recruitment process hardly a day before the last date of submitting application form. 9. It has been informed by learned counsel for the respondents that examination pursuant to the aforesaid process was conducted on 27.03.2011 and thus, the application form was received much before the date of examination. Under these circumstances, where the respondents themselves have committed serious lapse in not sending the information with regard to departmental examination [2025:RJ-JP:39165] (4 of 5) [CW-3904/2011] well within time, rejecting candidature of the petitioner by submitting that application form was received late is clearly an arbitrary approach of the respondents. 10. Before rejecting the application form, the respondents were required to consider as to whether the information was sent to the incumbent within time or not. The respondents being the Government Department was expected to act in a fair and reasonable manner. However, in the instant case, they have failed to do so. 11. So far as objection raised by learned counsel for the respondents that process of recruitment was over in the year 2011 is concerned, it reveals from the record of the writ petition that vide order dated 23.03.2011, this Court while issuing notice has observed that the result of the examination for the Postman cadre shall remain subject to the decision of this writ petition. 12. Thus, it is clear that petitioner approached this Court within time by way of filing the writ petition and an appropriate interim order for protecting the rights of the petitioner was also passed in his favour. Hence, relief cannot be denied to the petitioner only on account of the fact that recruitment process was over in the year 2011 itself. 13. In the light of above facts and circumstances, this Court deems it just and proper to allow the writ petition by quashing the impugned letter/order dated 08.03.2011 and the respondents are directed to consider the candidature of the petitioner for the post of Postman Cadre and to conduct special departmental examination for him, in case he was otherwise eligible for the post in the aforesaid cadre on the last date of submitting application [2025:RJ-JP:39165] (5 of 5) [CW-3904/2011] form in the year 2011 and after such examination, if the petitioner secures sufficient marks and appropriate place in merit, comparing to the merit list prepared pursuant to the impugned recruitment process, then the respondents are directed to appoint the petitioner in Postman cadre by granting him all the consequential benefits from the date all the persons similarly situated to him were given appointment in the aforesaid cadre. 14. Necessary compliance, in this regard, be made within a period of three months from the date of receipt of the certified copy of this order. 15. Stay application as well as all applications (pending, if any) stand disposed of. 16. Ordered accordingly. (ANAND SHARMA),J Karan/37