J.V. Gupta, J. - (1.) This petition is directed against the order of the Director, Post Graduate Institute of Medical Education and Research (hereinafter referred to as the 'Institute') Chandigarh, dated 22.6.1987, copy Annexure P-5 whereby the name of petitioner Dr. Lal Sanga was removed from the rolls of the Institute with immediate effect. It was further directed that he shall not be eligible to appear in M.S. (Surgery) examination to be held by the Institute in future and that he is disqualified from appearing in any future selection of residents from the Institute.
(2.) The petitioner is a resident of Manipur State and belongs to Scheduled Tribe. He passed his M.B.B.S. Examination from the North Eastern Regional Medical College, Imphal (Manipur) in the year 1980. He joined as Demonstrator in Bio-Chemistry in the aforesaid Medical College and in the meantime continued to make efforts to improve his studies in the higher field of medical line. He thus applied for admission to the Institute to a Post Graduate Course in the departments of Surgery, Obesity and Gynaecology and Pathology by his application dated 28.3.1984 for the session to be commenced from July 1984. In the application form, the petitioner made a statement while filling column 13(C) relating to 'Experience' if any....' Therein he gave out that he was holding the post of Bio-Chemist in R.M. College and Hospital, Imphal, at Rs. 700/- per month and allowance from June 1982 to June 1983. Against column No. 18 in his application, wherein the petitioner was required to intimate the date from which he was employed in Government/Semi Government Institute/Hospital, if he was in service, the petitioner mentioned'nil'. The petitioner also made a declaration in his application that all the statements made therein were true, complete and correct to the best of his knowledge and belief. In the event of any information being found false or incorrect or his ineligibility being detected before or after the selection, action may be taken against him by the Institute. In the booklet containing detailed information regarding admission to the various postgraduate/post doctoral courses supplied to him by the respondent Institute along with the application form, it contained the following warning:- "In any 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." Vide Annexure R-l dated 27.4.1987 which was a letter written by the Principal Regional Medical College, Manipur to Dr. Lal Sanga, a copy of which was sent to the P.G.I. it came to the notice for the first time that the petitioner has concealed certain information from the Institute and had made wrong statements in the application form. On the basis of the said letter Annexure R-l, a letter was written to the petitioner copy Annexure R-2, dated 3.6.1987, calling upon him to explain as to why he concealed the fact of his being in service, in his application and why his name should not be removed from the rolls of the Institute and why he should not be disqualified from appearing for selection of residents in future. Reply to the said notice was sent vide copy annexure P-4 dated 12.6.1987 by the petitioner. The respondent has also filed a copy of this letter as Annexure R-3, Therein, the petitioner 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 then. According to the petitioner, he thought that extraordinary leave without pay and with no sponsorship could qualify his candidature as an open reserved category. According to the petitioner, he did not realise its importance and implications when he filled up the present form. He added therein "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 ignorance."
(3.) After considering the aforesaid explanation the impugned order, copy Annexure P-5 was passed. The petitioner again made a representation against this order vide annexure P.6. Therein he again made it clear that he tried for sponsorship from his State but he could not get 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. It was for the first time that this plea of resignation was raised by the petitioner in his application Annexure P-6. The petitioner also relied on a letter written by the Chief Minister of the Government of Manipur, copy Annexure P-8 in this behalf. The matter was again considered by the Director of the Institute and the petitioner was again directed to be present on 24.10.1987. However, the whole position was explained by the petitioner, but nothing could be done at that stage. So, the earlier order passed vide Annexure P-5 was maintained. The petitioner then filed the present writ petition on 26.10.1987. He was allowed to sit in the examination subject to the decision of the writ petition.;