B.R. Tuli, J. - (1.) THIS order will dispose of Civil Writ No. 2497 of 1968. Satishwar Singh v. Chief Commissioner, Union Territory, Chandigarh, and another, and Civil Writ No. 2498 of 1968, Ashok Kumar Soni v. Chief Commissioner. Union Territory, Chandigarh, and another, as common questions of law and fact arise in both the petitions. The facts of both the petitions are identical and I shall state the facts of Satishwar Singh's petition.
(2.) SATISHWAR Singh Petitioner is residing at Chandigarh with his father who is working as Assistant in the Punjab Civil Secretariat, Chandigarh, and owns house No. 425, Sector 15 -A. He is thus a resident of the Union Territory of Chandigarh. The Petitioner passed his Higher Secondary Examination from the D. A. V. Higher Secondary School, Chandigarh, and thereafter joined the Pre -Medical Classes in the same College. He passed the Pre -Medical Examination held by the Punjab University in 1968 by securing 415 marks out of a total of 650. In compulsory subjects he obtained 370 marks out of 600. In the daily Tribune" dated June 4. 1968 an advertisement appeared on behalf of the Union Territory of Chandigarh inviting applications from eligible persons for nomination against the seats allotted to the Union Territory of Chandigarh at the various medical colleges in the country for the Pre -Medical and M. B. B. S. courses. The desirous candidates were directed to apply along with particulars of their parents' domicile and residence on prescribed form obtainable free of cost from the Director of Health Services , General Hospital, Sector 16, Chandigarh. It was further stated in the advertisement that the selected candidates would have to furnish a bond for serving the Government for a minimum period of three years after completion of the course. Only those candidates could apply who secured at least 50 per cent marks of the aggregate marks at the Pre -Medical/Intermediate Science (Medical Group) or equivalent examination in the four compulsory subjects, namely, English, Physics, Chemistry and Biology. The last date for the receipt of the applications was June 30, 1968. The Petitioner submitted his application on June 29, 1968 and in that application he gave particulars regarding himself as well as his father, immovable property owned by his father and place of residence etc. These particulars were required in order to determine the domicile of the candidates as the nomination was meant for bona fide residents of the Union Territory of Chandigarh. No interview letter was issued to the Petitioner till July 16, 1968 while some other candidates had received such letters. On the enquiries made by him and his father they were informed that the interview letters were being issued only to the children of the employees of the Union Territory Administration. The Petitioner then filed a writ petition in this Court on July 22, 1968 (C. W. 2263 of 1968) and along with rhe writ petition he filed a miscellaneous application (Civil Miscellaneous No. 3062 of 1968) praying for the stay of the finalisation of the result. The writ petition along with the miscellaneous application came up for admission before D. K. Mahajan and P. C. Jain, JJ. on July 23, 1968 When the learned Judges gave notice to the Respondents and stayed finalisation of the result meanwhile. The stay order was served on the Respondents on July 23, 1968. On July 26, 1968, the Petitioner received a savingram from the Director, Health Services -cum -Deputy Secretary, Chandigarh, reading as under: - Reference application admission for MBBS course (sic) intimate willingness for admission against Chandigarh Union Territory Quata Ahmedabad Medical College (.sic) reply 27th July positively (.sic) Please furnish in original copy of the registered deed in respect of property at Chandigarh affidavit duly attested by Magistrate first class that your parent do not have property elsewhere except Chandigarh and that you did not apply for admission to MBBS in any other College in the country(sic) The Petitioner filed an affidavit on July 27, 1968 in which he stated : that my parents do not have property elsewhere except Chandigarh and I did not apply for admission to M.B.B.S. in any other college in the country. On July 30, 1968, an application was made on behalf of the Respondents for the vacation of the stay order issued by the Motion Bench on July 23, 1968. In this application it was stated that "the Petitioner was considered on merit vis a vis other candidates for nomination to M.B.B.S course, that the Chandigarh Administration had already decided to nominate the Petitioner for M.B.B.S. course and that the Petitioner without disclosing the exact facts to the Hon'ble Court got the ex parte stay order." This application was supported by an affidavit of Shri Darshan Singh, Superintendent, Office of Director, Health Services -cum -Deputy Secretary, Chandigarh Administration, and on this application the following order was passed by P. C. Jain, J. on August 2, 1968. dismissing the writ petition as infructuous: - The learned Deputy Advocate General states that the relief asked for in the petition has been given to the Petitioner. In view of this statement the writ petition has become infructuous and the same is dismissed but there will be no order as to costs.
(3.) THE Petitioner, however, did not get any letter from the respondents nominating him for admission to the Medical College, Ahmedabad, for which college he had been selected for nomination. On August 9, 1968, the Petitioner was informed that his candidature had been cancelled. He asked for a copy of the order cancelling his nomination but no copy was supplied to him. It has been stated in the return filed by the Respondents that his candidature had been cancelled because he filed a false affidavit to the effect that he had not applied for admission to any other Medical College in the country. The fact was that he had applied for admission to the Medical Colleges at Amritsar Ludhiana and Patiala. In his application submitted on June 29, 1968 he had stated that he had applied for admission to the Medical Colleges at Amritsar and Patiala but in the affidavit he did not even mention those colleges. The explanation of the Petitioner is that what he understood from the savingram dated July 26, 1968 was that the affidavit was to contain the names of colleges other than those already mentioned in his application. The Petitioner then filed the present writ petition on August 12, 1968 in which he prayed for a writ of certiorari, mandamus or any other suitable writ, direction or order directing the Respondents to nominate him against one of the seats reserved for the Union Territory of Chandigarh in the Medical College at Ahmedabad. This writ petition was admitted on August 13, 1968 and interim stay was granted regarding filing of four seats which were still vacant. The stay order was, however, of no avail to the Petitioner as the remaining four seats had been filed on August 12, 1968.;