LAWS(KAR)-1960-9-7

H SSATYANARAYANA RAO Vs. GOVTOF MYSORE

Decided On September 13, 1960
H.S.SATYANARAYANA RAO Appellant
V/S
GOVT.OF MYSORE Respondents

JUDGEMENT

(1.) The petitioner before us applied for admission in June 1960 to the pre-University Class in the Government Intermediate College, Bangalore. On July 12, 1960, he was informed that he had been admitted to that class whereupon he paid the necessary fee. It appears that his admission was preceded by an interview which was made by the Members of the Committee who had to make that interview before whom the petitioner presented himself for that purpose. On July 18, 1960, the petitioner was informed by the Principal of that College that his admission had been revoked as a result of the discovery filed some false statement made by him in his application form. That false statement as has been explained to us now, although the communication sent by the Principal of that College to the petitioner itself did not refer to it expressly, consisted of the statement against Col. 5 of his application from that the last institution attended by the petitioner was the Arya Vidhya Shala High School in the year 1950 after passing his S.S. L.C. Examination, he attended at least three more institutions. It now admitted on behalf of the petitioner by his advocate Mr. Vasupal Rao that in the year 1952 the petitioner got himself admitted into the Arts section of the Intermediate College, Bangalore and that he did not pass the examination until the year 1957. During the interregnum, it is also now admitted that he attended another institution known as Ram Narayan Chellaram College of Commerce. Mr. Vasupal Rao has explained to us that the petitioner did not stay in that college for a long time and that he gave up his course of studies in that college within about a couple a months after he joined it. It is further admitted that in the year 1957 the petitioner joined the St. Joseph College, Bangalore, where he put in attendance for the First Year B.A. class for not more than 2 or 3 months. After he left the St. Joseph's College in that way, according to the petitioner, he has been attending the Pathological Laboratory of the Victoria Hospital, Bangalore where he is working as Technician. It was when he was working in the Victoria Hospital as Technician that the applied for admission to the Government Intermediate College, Bangalore. But in First Year application form against Col. 5 as we have mention explained what was attended by him was the Arya Vidhya Sahala High School, Bangalore. In order to make it appear that he attended no other institutions after he left the Arya Vidhya Shala High School, he produced along with the application form a certificate purporting to be one granted to him by the Arya Vidhya Shala High School.

(2.) The argument addressed on behalf of the learned Government Pleader was that the statement made by the petitioner against Col. 5 of his application form was, in the circumstances, a willful concealment of the fact that between the years 1950 and 1957 he was a student of atleast three institutions viz. The Government Intermediate College, the Ram Narayan Chellaram College of Commerce and the St. Joseph's College. In paragraph 3 of the Rejoinder affidavit produced by the respondent, of which the dependent is Mr. F. J. Noronha, Principal of the Government Intermediate College, it is stated that the petitioner, when the left the Ram Narayan Chellaram College of Commerce, he was a defaulter in regard to the payment of a sum of Rs. 27/- which he owed to that College. Mr. Santhanam who is a Reader in Chemistry in the College with which we are concerned in this case, has sworn to an affidavit that he was a Member of the Admission Committee of the Bangalore Intermediate College. According to his affidavit, on July 17,1960, the petitioner came to his residence at about 9-30 p.m. and admitted before him that he had made a false statement in his application for admission and that he had omitted to state in that application form that he had attended three more institutions after he left the Arya Vidhya Shala High School. Mr. Santhanam proceeded to state in this affidavit that the petitioner felt, penitent for having made that false statement and begged to be excused. Mr. Noronha has sworn to another affidavit in which he stated that the petitioner, after coming to know that the College authorities intended to take action against him for making false statements in his application form, approached Mr. Santhanam, as a stated by him in his affidavit, and made a confession of his guilt.

(3.) Although the petitioner has repudiated the allegation made in the affidavit of Mr. Santhanam as to the confession made to Mr. Santhanam that he had made a false statement in his application form, it is clear that it would be impossible for us to think that what is stated by Mr. Santhanam in his affidavit can be anything but the truth, particularly since the petitioner in his affidavit did admit that he met Mr. Santhanam although he gave July 11,1960 as the date on which he met him. Between the petitioner and Mr. Santhanam, it is clear the choice is obvious when we should made a selection of the person would was speaking the truth.