TaxTMI 
TaxTMI 
2009 (11) TMI 820
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....cknow Bench, Lucknow in Special Appeal No. 513 (S/S) 2008 whereby the learned Judges of the Division Bench were pleased to affirm the view taken by the Learned Single Judge in judgment and order dated 18.08.2008 by which the Writ Petition No. 5554 (S/S) of 2003 filed by the appellant was dismissed. 2. The material facts of the case are that information was circulated by the Commandant IInd battalion, PAC Sitapur, 4th Respondent, on 10.04.2003 to all the Branch Incharge/Commandant to make available the nominations of the constable having certain qualifications for the post of Armourer (herein after referred as said post). It was made clear that applications of the interested candidates will be made available to the Head Office by 14.04.20....
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....peaking order on the representation filed by the appellant. The substance of the said order is that since the appellant submitted his application with the educational qualifications on 14.04.2003 but submitted the medical certificate on 15.04.2003, the same could not be considered for the post of Armourer for non-production of medical certificate. It was stated in the impugned order of Respondent No. 2 dated 02.07.2003, the appellant is himself responsible for the delay in submission and as such his application is liable to be dismissed. 6. Challenging the said order dated 02.07.2003, the appellant filed another writ petition no. 5554 (S/S) of 2003. The said writ petition was also rejected on the same grounds on which the representation ....
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....ion of the applicant was incomplete only because it did not contain the medical certificate. The explanation of the appellant is that in view of the 14th April being a holiday and the previous days were also holidays, he could not obtain the medical certificate and he obtained it on the very next day i.e. 15th April and submitted it on that day itself. 10. In these circumstances, his application should have been considered on merit in view of the principles laid down in Section 10 of General Clauses Act. 11. Section 10 of the General Clauses Act has come up for consideration in various cases before this Court and also different High Courts. In the case of (H.H. Raja) Harinder Singh v. S. Karnail Singh and others, AIR 1957 SC 271, a fo....
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....ourt held that there is a general principle that a party, prevented from doing an act for some reasons beyond his control, can do so at the first subsequent opportunity. The learned Judges further elaborated by saying that the underlying object of Section 10 is to enable a person to do what he should have done in a holiday, on the next working day. The learned Judges held that the said principle is based on doctrine that law does not compel the performance of an impossibility. In saying so, the learned Judges relied on an old decision of Calcutta High Court in the case of Hossein Ally v. Donzelle, ILR (1880) 5 Cal 906. This Court is in respectful agreement with the aforesaid principles. 16. Therefore, this Court holds that the decisions ....