Case Note & Summary
The petitioner, Sandip Ambadas Kale, a government servant, applied for the Civil Services (Preliminary) Examination conducted by the Union Public Service Commission (UPSC) pursuant to an advertisement dated 22 February 2017. The last date for submission of online applications was 17 March 2017 up to 1800 hours. The petitioner completed payment of the fee at about 1712 hours but could not complete Part II of the application, which required uploading of photograph, signature, and consent to declaration, because the UPSC website was hanging and unresponsive from about 1520 hours onwards. After the deadline, the petitioner sent emails to the UPSC Chairman at 6:24 p.m. and again at 10:43 p.m., explaining the technical problem. The UPSC, in its reply, acknowledged that the petitioner had made payment but stated that the application was incomplete as the photograph and signature were not uploaded. The petitioner filed a writ petition seeking a direction to UPSC to accept his application as complete. The High Court observed that the petitioner had substantially complied with the requirements and that the technical glitch was beyond his control. The court noted that the UPSC had not disputed the technical problem and that the petitioner had acted promptly by sending emails. The court allowed the petition, directing UPSC to treat the application as complete and permit the petitioner to appear for the examination, subject to verification of eligibility. The court also ordered that the petitioner upload the required documents within a week.
Headnote
A) Administrative Law - Technical Glitch - Substantial Compliance - UPSC Civil Services Examination - The petitioner completed payment but could not upload photograph and signature due to website hanging - Court held that the technical glitch prevented completion and directed UPSC to accept the application as complete - Held that administrative fairness requires consideration of such genuine difficulties (Paras 2-7).
Issue of Consideration
Whether a candidate who could not complete the online application form due to a technical glitch on the UPSC website should be allowed to submit the application after the deadline.
Final Decision
Writ petition allowed. UPSC directed to treat the petitioner's application as complete and permit him to appear for the Civil Services (Preliminary) Examination, subject to verification of eligibility. Petitioner to upload photograph and signature within one week.
Law Points
- Technical glitch on government website
- substantial compliance
- condonation of delay
- principles of natural justice
- administrative fairness
