K.B.BHANDARI, J. - (1.) This is a Letters Patent Appeal against the judgment and order dated 26-5-1989 passed by the learned single Judge in Civil Writ Petition No. 7933 of 1987. Briefly, the facts of the case are as follows :- The appellant is a member of Scheduled Tribe. After passing his M.B.B.S. examination from the North Eastern Regional Medical College, Imphal (Manipur) in the year 1980, he was appointed as Demonstrator in Bio-Chemistry in the aforesaid College. The appellant applied for admission to the Post Graduate Institute of Medical Education and Research (hereinafter referred to as the and'P.G.I.and') Chandigarh, for the post graduate course in the departments of Surgery, Gynaecology, Pathology etc. vide his application dated 28-3-1984 for the session commencing from July, 1984. In the application form in column 13(c) relating to experience, if any, the appellant stated that he was holding the post of Bio-Chemist in R. M. College and Hospital, Imphal, at Rs. 700.00- per month and allowances for the period June 1982 to June, 1983. Against column 18 of the said application where he was required to intimate the date from which he was employed in Government / Semi-Government Institute/ Hospital, if he was in service, the appellant mentioned and'niland'. In the booklet of information regarding post graduate and post doctoral courses, the following warning was indicated :- "In case, any candidate is found to have supplied false information or certificate etc. or is found to have concealed or withheld some information in his/her application form, he/ she shall be debarred from admission. Any other action that may be considered appropriate by the Director of the Institute may also be. taken against him / her." From the letter of the principal, Regional Medical College, Manipur dated 27-4-1987, it came to the notice of the P.G.I. that Dr. Lal Sanga had concealed certain information from the Institute. On the basis of said letter Annexure R-1, a show cause notice Annexure R-2 was issued to the appellant on 3-6-1987 requiring him to explain the position. He submitted his reply Annexure P-4 on 12-6-1987. Therein, he stated that he was serving in the Regional Medical College, Imphal, as a Demonstrator in Bio-Chemistry, but as his interest was for surgery, he wanted to do further studies in surgery. In order to do so, he applied for extraordinary leave without pay and nobody raised any objection to the same. According to the appellant, he thought that extraordinary leave without pay and with no sponsorship could qualify his candidature as an open reserved category. According to him, he did not realise its importance and implications when he filled up the present form. He further submitted in the reply : and'Now sir, I realise my mistake when I am completing my three years. residency in Surgery. I have no wish to continue nor do I have future with my previous employment and I have taken necessary steps for my resignation. Therefore, I pray you and your good offices to kindly give a sympathetic consideration to my condition and future career and to have mercy on me and forgive my ignoranceand'.
(2.) After considering the aforesaid explanation, the impugned order Annexure P-5 was passed by the Director of the Institute. The appellant again represented vide Annexure P-6, wherein he submitted that he tried for sponsorship from his State but could not get it and then before filing the application form for Junior Residency, he applied for extraordinary leave which he could hardly expect to get and he, therefore, mentioned in the application that if the leave was not granted for the required period, it may be treated as a resignation. The appellant also relied upon a letter of the Chief Minister of the Government of Manipur, copy Annexure P-8 in thin behalf. The matter was again considered by the Director of the Institute. However, the Director of the Institute, Showed his regrets to do anything in the matter. Thereupon, the appellant filed a writ petition in this Court. The Said writ petition No. 7933 of 1987 came up before the learned Single Judge, who after hearing the learned counsel for the parties, dismissed the same.
(3.) As already mentioned, the appellant is a member of the Scheduled Tribe. He got admission to the post graduate course in the Institute as a member of the Scheduled Tribe. There is no dispute about his eligibility to apply and he was allowed admission on the basis of his merit. He practically studied for three years in the Institute. Under orders of the motion Bench, he was allowed even to appear in the examination.;