- (1.) The facts leading to this appeal, by special leave, are these: The Madras Public Service Commission, hereinafter referred to as the Service Commission, by its notification published in the Fort St. George Gazette dated August 3, 1948, invited applications for appointment of Assistant Surgeons in the Madras Medical Service (Men's Section), from persons who had rendered temporary service as Assistant Surgeons in that Service at any time between September 3, 1939 and December 31, 1947 and from persons who had rendered War Service and possessed the qualifications mentioned in paragraph 3 of the notification. Paragraph 3 of the notification, inter alia, reads: "Applicants must satisfy the Commission (a) that they are registered practitioners within the meaning of the Madras Medical Registration Act, 1914; (b) that they possess the L. M. S. degree or the M. B. B. S., degree of a University in the Province or an equivalent qualification."
(2.) The appellant, who was at the time serving as a Civil Assistant Surgeon in the Madras Medical Service on a temporary basis, applied for the permanent appointment to the posts notified by the Public Service Commission. In this application he made the following representations, which have been found to be false, by the Courts below: (i) that his name was Kaza Krishnamurthy; (ii) that his place of birth was Bezwada, Krishna district; (iii) that his father was K. R. Rao of Bezwada; and (iv) that he held the degree of M. B. B. S., II Class, from the Andhra Medical College, Vizagapatam, Andhra University.
(3.) On these facts, the appellant was convicted of the offence under S. 419 I. P. C. for having cheated the Madras Public Service Commission by personating as Kaza Krishnamurthy and misrepresenting that he had the necessary qualifications for the post advertised inasmuch as he held the degree of M. B. B. S., and that this deception of the Service Commission was likely to have caused damage to its reputation.;