RASHESHWAR CHANDRA PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) The learned Single Judge by a common Judgment & Order dated 13.5.99 disposed of Civil Rule No. 4990/97 and Civil Rule No. 357/98. The writ petitioner, being aggrieved of the order of dismissal recorded in Civil Rule No. 4990/97, has preferred this appeal.

(2.) At the every outset, we would like to clear the facts for better appreciation of the problem before us. The appellant, after obtaining MBBS Degree joined the Medical Service as Demonstrator of Pharmacology in Silchar Medical College, Silchar in the year 1982 and after regularisation of his service in the said post he was attached to tine Surgery Department as Registrar of Surgery vide Govt order dated 3.7.87. The appellant's appointment and attachment was preceded by his selection by the Assam Public Service Commission for the post of Registrar of Surgery. The selection was held on 23.3.93 and the position oi the appellant in the Select List was at serial No. 8. He had indicated in his application to the Assam Public: Service Commission that he belongs to Ruolra Paul community and he is a member of Other Backward Community (OBC). After his appointment, as is the practice, it was found on verification that the Caste Certificate given by him is false. The respondent authority, therefore, cancelled his admission which he had taken in the M.S. Course in the meantime, by an order passed by the Governor. In this writ appeal we are not concerned wilth this order which has been subject r^atter of dispute in Civil Rule No. 357/98. However, his appointment as Registrar of Surgery of Slilchar Medical College was also cancelled by an order dated 29th September, 1997. Thisiorder has been impugned by the appellant in the Civil Rule No. 4990/97 which is now being examined by this Court.

(3.) The learned Single Judge dismissed the Civil Rule rejecting the prayer of the appdllant for quashing the order dated 29th September, 1997 mainly on the ground that the Caste Certificate issued to the appellant was found to have been obtained on false informaticcn.