SC Comes To The Rescue Of Aspiring Judge Who Blamed Delayed Application On Speed Post Services [Read Order]

Apoorva Mandhani

1 Aug 2017 3:58 AM GMT

  • The Supreme Court recently came to the rescue of a man whose aspiration to become a Judge came to a standstill when his application was rejected by Madhya Pradesh High Court on the ground of delay in receiving it.The last date for submission of the application was January 20 but Mr. Ashutosh Agnihotri’s application, sent through speed post, reached a day later. He Petitioned the High...

    The Supreme Court recently came to the rescue of a man whose aspiration to become a Judge came to a standstill when his application was rejected by Madhya Pradesh High Court on the ground of delay in receiving it.

    The last date for submission of the application was January 20 but Mr. Ashutosh Agnihotri’s application, sent through speed post, reached a day later. He Petitioned the High Court after being turned away by the HC Registry, but to no avail.

    Mr. Agnihotri then approached the Apex Court, which asked the High Court to permit him to appear for the exam but declare his results only after his plea was decided.

    Earlier this month, Mr. Agnihotri’s results were delivered to the Court in a sealed envelope. The Court noted that he had cleared the examination, and directed the High Court to call him for the interview.

    A Bench comprising Justice M.B. Lokur and Justice Deepak Gupta went through the track consignment report, before holding that there was an “unexplained delay of ten days by the postal department”.

    Ruling in Mr. Agnihotri’s favor, it then opined, “Surely, under the circumstances, the petitioner cannot be blamed for the delay particularly since the application was sent by him through speed post and not by ordinary post.”

    The Bench, thereafter, directed, “In view of these special circumstances, we are of the view that the result of the examination should be accepted by the High Court and the rejection of his application on the ground of one day's delay should not come in the way for considering him for interview.”

    Read the Order Here

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