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ASHUTOSH AGNIHOTRI v. HIGH COURT OF MADHYA PRADESH .

Supreme Court of India | Diary 10153/2017

Status

ROP - of Main Case

Decided On

04-07-2017

Bench

HON'BLE MR. JUSTICE MADAN B. LOKUR and HON'BLE MR. JUSTICE DEEPAK GUPTA

Petitioner

ASHUTOSH AGNIHOTRI

Respondent

HIGH COURT OF MADHYA PRADESH .

Primary Holding

Where postal delay caused by the department—not attributable to the applicant—results in late receipt of documents sent via speed post, such delay cannot be held against the applicant, and rejection on that ground is unsustainable in law.

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Full Judgment Text

OUT TODAY ITEM NO.51 COURT NO.5 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 10224/2017 (Arising out of impugned final judgment and order dated 21-03-2017 in WP No. 1970/2017 passed by the High Court Of M.P At Jabalpur) ASHUTOSH AGNIHOTRI Petitioner(s) VERSUS HIGH COURT OF MADHYA PRADESH & Anr. Respondent(s) WITH SLP(C) No. 13087/2017 (IV-A) Date : 04-07-2017 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Vikas Upadhyay, AOR Mr. Nitin Gaur, Adv. Mr. Vidit Monga, Adv. Mr. Sandeep Singh, Adv. Mr. Anuj Bhandari, AOR For Respondent(s) Ms. Sakshi Kakkar, Adv. Mr. C. D. Singh, AOR Mr. Prateek R, Adv. Ms. Shivali Chaudhary, Adv. UPON hearing the counsel the Court made the following O R D E R SLP (C) No. 10224/2017 Pursuant to earlier orders passed by this Court, the result of the examination has been brought before us in a sealed cover. The sealed cover has been opened in the Court today and on a perusal, we find that Ashutosh Agnihotri has qualified in the examination. 1

The result is taken on record. It is brought to our notice that the application for participating in the examination was sent by the petitioner on 10.01.2017 by speed post. The track consignment report has been placed before us. On a perusal thereof, we find that while the application was despatched on 11.01.2017 from Palam, it was received in Jabalpur on 20.01.2017, thereafter it was delivered to the High Court on 21.01.2017. The last date for receiving the application was 20.01.2017 but since the application was received by the High Court on 21.01.2017, there was a delay of one day and therefore it was rejected. However in view of the order passed by this Court, Ashutosh Agnihotri was permitted to provisionally sit for the examination. As mentioned, the result has been perused by us and we find that he has qualified in the examination. Although there is no doubt that the post office is not the agent of the High Court yet there is an unexplained delay of ten days by the postal department in the despath of the application sent by Ashutosh Agnihotri from Palam to Jabalpur. 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. 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. 2

The impugned judgment and order is set aside and the petition is disposed of. It is directed that Ashutosh Agnihotri may be considered for the interview. SLP (C) 13087/2017 On perusal of the result, we find that Preetika Shukla has not succeeded in the examination. The special leave petition is accordingly dismissed. (MEENAKSHI KOHLI) (SHARDA KAPOOR) COURT MASTER ASSISTANT REGISTRAR 3

1 ITEM NO.15 COURT NO. 4 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 10224 OF 2017 (Arising out of impugned final judgment and order dated 21.03.2017 in W.P. No. 1970 of 2017 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur ) ASHUTOSH AGNIHOTRI Petitioner(s) VERSUS HIGH COURT OF MADHYA PRADESH AND ANR. Respondent(s) WITH SLP(C) No. 13087/2017 (For Appoint a Guardian of a minor on IA 1/2017 FOR ON IA 3/2017) Date : 16/06/2017 These Petitions were called on hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE SANJAY KISHAN KAUL (VACATION BENCH) For the Petitioner: Mr. Anshuman Ashok, Adv. Mr. Vikas Upadhyay, Adv. Mr. Anuj Bhandari, Adv. For the Respondent: Mr. C.D. Singh, Adv. Mr. Prateek R., Adv. Mr. Usman, Adv. UPON hearing the counsel the Court made the following O R D E R List on 4 th July, 2017. The respondent-Registrar General of the High Court of Madhya Pradesh, Bench at Jabalpur is directed to send the result of the petitioner in a sealed cover and the

2 same may be produced before the Court on the next date of hearing. (NEELAM GULATI) COURT MASTER (SHARDA KAPOOR) ASSISTANT REGISTRAR

ITEM NO.30 COURT NO.4 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).10224/2017 (Arising out of impugned final judgment and order dated 21/03/2017 in WP.No.1970/2017 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur) Ashutosh Agnihotri Petitioner(s) VERSUS High Court of Madhya Pradesh & Anr. Respondent(s) with SLP(C) No.13087/2017 (For appoint a guardian of a minor on IA.1/2017) 05/06/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA (VACATION JUDGE) For Petitioner(s) Mr. Anuj Bhadani, Adv. Mr. Naveen Kr. Gautam, Adv. Mr. Vikas Upadhyay, Adv. For Respondent(s) Mr. C.D. Singh, Adv. UPON hearing the counsel the Court made the following O R D E R List on 16.06.2017. (USHA BHARDWAJ) (MADHU NARULA) AR-CUM-PS COURT MASTER

ITEM NO.9 COURT NO.5 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No.13087/2017 (Arising out of impugned final judgment and order dated 21.03.2017 in Writ Petition No.1972/2017 passed by the High Court Of Madhya Pradesh, Principal Seat Jabalpur) Preetika Shukla … ...Petitioner(s) VERSUS State of Madhya Pradesh & Anr. .....Respondent(s) (With appln. (s) for permission to bring on record additional documents and for exemption from filing official translation and for directions) With SLP(C) No.10224 of 2017 (With appln.(s) for exemption from filing c/c of the impugned judgment and for interim relief and for directions with affidavit) Date : 17/05/2017 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE NAVIN SINHA (VACATION BENCH) For Petitioner(s) Mr. Anuj Bhandari, Adv. Mr. Naveen Kumar Gautam, Adv. Mr. Vikas Upadhyay, Adv. Mr. Vidit M., Adv. For Respondent(s) Ms. Shakshi Kakkar, Adv. Mr. C.D. Singh, Adv. (Not Present) UPON hearing the counsel the Court made the following O R D E R As jointly prayed for, list these matters in the first week of June, 2017. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

ITEM NO.809 COURT NO.1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).10224/2017 (Arising out of impugned final judgment and order dated 21/03/2017 in WP No.1970/2017 passed by the High Court Of M.P. At Jabalpur) ASHUTOSH AGNIHOTRI Petitioner(s) VERSUS HIGH COURT OF M.P. AND ANR Respondent(s) Date : 08/05/2017 This petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Vikas Upadhyay,Adv.(Mentioned by) For Respondent(s) Mr. C.D. Singh,Adv. UPON hearing the counsel the Court made the following O R D E R Tag with SLP(C)No.13087/2017. (Sarita Purohit) (Renuka Sadana ) Court Master Assistant Registrar (Mentioning slip is attached with R/P.)

,ITEM NO.809 COURT NO.1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s).10224/2017(Arising out of impugned final judgment and order dated 21/03/2017 in WP No.1970/2017 passed by the High Court Of M.P. At Jabalpur)ASHUTOSH AGNIHOTRI Petitioner(s) VERSUSHIGH COURT OF M.P. AND ANR Respondent(s)Date : 08/05/2017 This petition was mentioned today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SANJAY KISHAN KAULFor Petitioner(s) Mr. Vikas Upadhyay,Adv.(Mentioned by) For Respondent(s) Mr. C.D. Singh,Adv. UPON hearing the counsel the Court made the following O R D E RTag with SLP(C)No.13087/2017. (Sarita Purohit) (Renuka Sadana ) Court Master Assistant Registrar(Mentioning slip is attached with R/P.)

ITEM NO.809 COURT NO.1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No.3 of 2017 In Petition(s) for Special Leave to Appeal (C) No(s).13087/2017 (Arising out of impugned final judgment and order dated 21/03/2017 in WP No.1972/2017 passed by the High Court of M.P. at Jabalpur) PREETIKA SHUKLA Petitioner(s) VERSUS STATE OF MADHYA PRADESH AND ANR Respondent(s) Date : 05/05/2017 This application was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Anuj Bhandari, Adv.(Mentioned by) For Respondent(s) Upon being mentioned the Court made the following O R D E R Post for hearing on 17.05.2017, as per roster, subject to there being no office objections. (SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASSISTANT REGISTRAR

VITEM NO.809 COURT NO.1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A.No.3 of 2017 In Petition(s) for Special Leave to Appeal (C)No(s).13087/2017(Arising out of impugned final judgment and order dated 21/03/2017in WP No.1972/2017 passed by the High Court of M.P. at Jabalpur)PREETIKA SHUKLA Petitioner(s) VERSUSSTATE OF MADHYA PRADESH AND ANR Respondent(s)Date : 05/05/2017 This application was mentioned today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SANJAY KISHAN KAULFor Petitioner(s) Mr. Anuj Bhandari, Adv.(Mentioned by) For Respondent(s) Upon being mentioned the Court made the following O R D E R Post for hearing on 17.05.2017, as per roster, subject tothere being no office objections.(SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASSISTANT REGISTRAR

ITEM NO.34 COURT NO.5 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s).13087/2017(Arising out of impugned final judgment and order dated 21/03/2017in WP No. 1972/2017 passed by the High Court of M.P. at Jabalpur)PREETIKA SHUKLA Petitioner(s) VERSUSSTATE OF MADHYA PRADESH AND ANR Respondent(s)(WITH APPLN. (S) FOR exemption from filing O.T. and permission toplace addl. documents on record and Interim Relief and OfficeReport)Date : 01/05/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTAFor Petitioner(s) Mr. Anuj Bhandari, AORMr. Naveen Kumar Gautam, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RIssue notice. Dasti, in addition, is permitted. Tag with SLP(C) No.10224 of 2017. (SANJAY KUMAR-I) (SHARDA KAPOOR) AR-CUM-PS COURT MASTER

LISTED ON 17.04.2017(supple.) COURT NO.  ITEM NO.  SEC­IVA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 10224 OF 2017 WITH PRAYER FOR INTERIM RELIEF   ASHUTOSH AGNIHOTRI Petitioner VERSUS HIGH COURT OF M.P AND ANR. Respondent OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 06.04.2017 by mentioning, when the Court was pleased to pass the following Order:  " Issue notice returnable in 10 days. Dasti, in addition. ” Accordingly, show cause notice was issued to both the respondents on 08.04.2017 through Speed Post as well as dasti. Counsel for the petitioner has on 13.04.2017 filed affidavit of dasti service with proof in respect of both the respondents but no one has entered appearance on their behalf, so far. Service of show cause notice is complete. The matter above mentioned is listed before the Hon'ble Court with this office report. Dated this the 15 th   day of April, 2017. ASSISTANT REGISTRAR Copy to:  Mr. Vikas Upadhyay, Advocate ASSISTANT REGISTRAR pc/4

òITEM NO.60 COURT NO.5 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s).10224/2017(Arising out of impugned final judgment and order dated 21/03/2017in WP No. 1970/2017 passed by the High Court of M.P. at Jabalpur)ASHUTOSH AGNIHOTRI Petitioner(s) VERSUSHIGH COURT OF M.P. AND ANR Respondent(s)(WITH Interim Relief and Office Report)Date : 17/04/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTAFor Petitioner(s) Mr. Vikas Upadhyay, AORMr. Sandeep Singh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RIssue dasti notice through the Standing Counselreturnable in two weeks. (SANJAY KUMAR-I) (SHARDA KAPOOR) AR-CUM-PS COURT MASTER

ZITEM NO.601 COURT NO.5 SECTION IVA(Mentioing) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 10224/2017(Arising out of impugned final judgment and order dated 21/03/2017in WP No. 1970/2017 passed by the High Court of M.P. at Jabalpur)ASHUTOSH AGNIHOTRI Petitioner(s) VERSUSHIGH COURT OF M.P. AND ANR Respondent(s)(With application for exemption from filing c/c of the impugnedJudgment and Interim Relief)Date : 06/04/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKURHON'BLE MR. JUSTICE DEEPAK GUPTAFor Petitioner(s) Mr. Vikas Upadhyay, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E RIssue notice returnable in 10 days.Dasti, in addition.(Meenakshi Kohli) (Sharda Kapoor)Court Master (SH) Court Master (NS)

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