Date:21/12/2008 URL: http://www.thehindu.com/2008/12/21/stories/2008122153730600.htm

Tamil Nadu

Postal delay no ground for rejecting job applications: court

Mohamed Imranullah S.

“Post offices act as agents of TNPSC when the mode of application is restricted to mail”

MADURAI: The Tamil Nadu Public Service Commission cannot reject job applications received belatedly owing to postal delay, especially when the mode of application is restricted to mail, the Madras High Court has ruled.

Allowing a batch of writ petitions filed in the Madurai Bench, Justice S. Nagamuthu said the postal authorities should be considered agents of the commission when it stipulated that candidates only mail their applications. “If this principle is applied to the present batch of cases, I am sure the date of delivery of applications to the postal authorities shall be the crucial date, which is admittedly much before the cut-off date prescribed by the TNPSC.”

The judge rejected the arguments of an Additional Government Pleader (AGP) that the commission could not be held liable for the postal delay, and submission of application at the post office could never amount to submitting it to the commission. Had the TNPSC provided for an option of submitting the applications in person, he said, there could have been some force in the arguments.

The petitioners had applied for the Combined Subordinate Services Examinations, pursuant to a notification issued by the commission last year. Their applications were rejected, as they reached the commission after the cut-off date of July 31, 2007.

Pointing out that the candidates had already written the examinations following interim orders passed by the court, Mr. Justice Nagamuthu directed the commission to declare the results and proceed with other formalities.

Misplaced application

Disposing of another petition filed by a candidate whose application was misplaced by a post office at Sankarankovil in Tirunelveli district, Mr. Justice S. Nagamuthu held that the principle laid down in the other batch of cases would apply to this case, too. “As I have already stated, delivery of applications to the postal authorities would amount to delivering them to the commission, so the latter is bound to receive a copy of the application, treat it as though it were the original and proceed further.”