In a recent judgment, the Allahabad High Court has granted Priyanka Upadhyay, a candidate for the Additional Private Secretary Stage-02 Examination 2023, a special concession to appear for her Hindi shorthand and computer typing examination despite being late due to unforeseen circumstances. The case, WRIT – A No. – 5316 of 2024, was presided over by Justice Rajesh Singh Chauhan.
Background of the Case
Priyanka Upadhyay, the petitioner, had qualified for the written examination for the post of Additional Private Secretary. However, on the day of her Hindi shorthand and computer typing examination, she arrived two minutes late due to heavy rain and a punctured scooter. As a result, she was not allowed to take the exam. Represented by counsels Daya Shankar Tiwari, Aditya Pandey, and Amit Kumar, Upadhyay filed a writ petition against the U.P. Public Service Commission (UPPSC), represented by Raj Kumar Upadhyaya (R.K. Upadhyaya), seeking permission to appear for the exam on a later date.
Legal Issues Involved
The central legal issue in this case was whether the petitioner should be allowed to take the examination despite missing the reporting time by two minutes. The respondent’s counsel argued that allowing such concessions could open floodgates, making it difficult for the Commission to manage examinations effectively. The petitionerโs counsel acknowledged the delay but cited unavoidable circumstances, including heavy rain and a punctured scooter, as reasons for the delay.
Court’s Decision
Justice Rajesh Singh Chauhan acknowledged the validity of the respondent’s concerns but took a sympathetic view of the petitioner’s situation. The court noted that the heavy rain and the punctured scooter were beyond the petitionerโs control and that she had made every effort to reach the examination center on time. The court observed:
“Heavy rain was an act of God, but she tried her level best to reach the examination centre well in time but in the meantime her scooty got punctured.”
In light of these exceptional circumstances, the court directed the UPPSC to allow Priyanka Upadhyay to take her Hindi shorthand and computer typing examination on the last scheduled date, July 18, 2024. The court emphasized that this concession should not be treated as a precedent for future cases.
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Important Observations
Justice Chauhan made it clear that this decision was based on the unique facts of the case and should not be generalized:
“As a special case, which may not be treated as precedent, the Commission may permit the petitioner to take her Hindi shorthand and computer typing examination for the post of Additional Private Secretary, 2023 on the last date of examination, i.e., 18.07.2024.”
