M.C.JAIN, J. - (1.) BOTH the above writ petitions are being disposed of by this order.
(2.) D .B. Civil Writ Petition No. 1051/88 relates to the admission at the R.N.T. Medical College, Udaipur in pursuance to the advertisement Ex. 1 dt. 22nd of February, 1988. The petitioner Dr. Ram Krishan Thareja submitted an application for admission in Three Years Residency Course. His application was rejected and Dr. Pradeep Garg, respondent No. 3 was given admission. Although the petitioner fulfilled the requisite eligibility condition, his application was rejected in view of the affidavit filed by Dr. Pradeep Garg before the Principal, R.N.T. Medical College, Udaipur stating that the petitioner at the time of applying for the post of Junior Registrar. Radio Diagnosis (M.D.) was already undergoing the course of D.M.B.D at S P. Medical College, Bikaner since 7th December, 1987 and that with effect from 1st January, 1988 he was serving as Resident House Officer in the Department of Psychiatry, Dayandand Medical College, Ludhiana. He joined the above post without giving his resignation from the D.M.R.D. course at the S.P. College, Bikaner. It may be stated here that one of the conditions provided in the advertisment Ex. 1 is that the candidates who were already working in what ever capacity, shall have to resign from the first post and submit a copy of the acceptance letter of their resignation from the competent authority and get their application forwarded from him positively, failing which their application will not be considered. The petitioner in the relevant column stated 'no'. The candidate is required to give a declaration in the form given in the application form and after declaration a certificate is required to be appended in the form itseif from the Head of Institution, Department, University, Principal, Director or employer if he is serving or working, certificate required is to the effect that the application has been made with the consent and permission of the authority giving the certificate and that the applicant would be relieved, if selected for the job within the prescribed time to be notified by the selecting authorities. It is this certificate wherein the word 'no' has been written by the applicant. The form also contains a note which is in the nature of 'Important Notice' that the candidate, in case, is found to have supplied false information or certificate etc or is found to have with held or concealed some information in his or her application form, he she would be debarred from the appointment on a resident post. The vacancy at Udaipur was rilled in taking into consideration the affidavit filed by Dr. Pradeep Garg and Dr. Pradeep Garg was given admission in the 2nd year. Facts of the Second Writ Petition are that another advertisement was issued in connection with the vacancy of the post of RHO in Radio Diagnosis at the S.P. Medical College, Bikaner. The contents of the advertisement as well as the application form are similar to that which were there in the case of filling of the vacancy at Udaipur. The petitioner applied in pursuance of this advertisement as well for seeking admission at Bikaner and in all there were four candidates including, the petitioner. According to the petitioner, the advertisement was issued on 7th April, 1988 and the last date for submission of the application was 16th April, 1988 and he submitted No Objection Certificate from the Dayanand Medical College, Ludhiana, where he was serving honorary on 20th April, 1988. It was necessary for the petitioner to obtain a certificate in the form itself from the employer where he was serving. The Petitioner instead stated the word 'no' beneath the language of the certificate. Although subsequently No Objection Certificate was submitted as alleged by the petitioner on 20th April, 1988. According to the respondents No. 1 and, 2 the applications were considered on 18th April, 1988 before the submission of No Objection Certificate. In connection with the declaration of result of selection the petitioner filed a suit in the Court of Munsif, Bikaner and result was declared on 1st June, 1988. The petitioner's application for mandatory injunction for declaration of result was rejected on 2 -6 -1988. None of the candidates were admitted for the post of Registrar I year in the speciality of the Radio Diagnosis. The reason assigned for non admission of the petitioner is that he did not submit No Objection Certificate in time and it was received after due date.
(3.) THE main question that arises for consideration in these writ petitions is as to whether the condition laid down in the advertisement referred to above is a mandatory one and whether it is reasonable one. From the perusal of the condition, it would appear that the candidates are required to resign from their present post and submit a copy of the letter of acceptance of their resignation and the applications are required to be forwarded by the competent authority. If the contents of the form are perused, it would appear that the requirement of submission of resignation and submitting of a copy of the acceptance letter is not needed. The certificate required to be given by the employer or the consenting authority is only to the effect that the candidate would be relieved within the pescribed time after intimation of the selection of the candidate by the selecting authorities. If the condition in the advertisement is read along with the language of the certificate in the form it would appear that they are not in conformity with each other. If looked from the point of view of the certificate required to be appended to the application, it would appear that it is not necessary for the candidate to submit the resigation and to present a copy of the acceptance letter from the competent authority. In our opinion compliance of the condition laid down in the application form would be sufficient and it is not necessary to comply with the condition laid down in the advertisement. The condition ex facie appears to be contrary to the contents of the form and also appears to be unreasonable. When selection is not guaranteed, there appears to be no reason as to why the candidate is required to submit resignation and send the acceptance letter of resignation from the competent authority.;