LAWS(P&H)-1973-8-17

ANIL KAPOOR Vs. FINANCE-CUM-HEALTH SECRETARY CHANDIGARH

Decided On August 08, 1973
ANIL KAPOOR Appellant
V/S
FINANCE-CUM-HEALTH SECRETARY, CHANDIGARH Respondents

JUDGEMENT

(1.) THIS is a petition for revision of the order dated the 10th of September, 1971, of the Chief Judicial Magistrate, Chandigarh, framing a charge under Sections 199, 200 and 182 of the Indian Penal Code against the petitioner in a case arising from a complaint filed by the two respondents.

(2.) CERTAIN facts are not in dispute and may be shortly stated. In the month of June, 1969, the Director, Health Services Chandigarh (Respondent No. 2) invited applications through an advertisement from eligible candidates for admission to the M. B. B. S. Course against seats reserved by the Government for persons residing in the Union Territory of Chandigarh in various Medical Colleges of other States. A number of conditions were prescribed for eligibility and one of them was that the candidate should not have been eligible nor should have applied for admission to a medical college in Punjab or Haryana and that a declaration to that effect was appended to his application, in response to the advertisement, the petitioner sent his application dated 26th June, 1969 (Exhibit PC) to respondent No. 2 and thereto appended the requisite certificates, including an affidavit (Exhibit PC/1) attested by an Executive Magistrate of the 1st Class of Chandigarh. The affidavit stated: That I was not eligible for admission to M. B. B. S. Course in any Medical College in the country including Punjab and Haryana States and has (have?) thus not sought admission in any Medical College in the country. The application of the petitioner was duly considered and he was selected for admission to the Municipal Medical College, Ahmedabad, against one of the seats reserved for the Union Territory of Chandigarh.

(3.) THE case for the prosecution may now be set out and it is this. Having been informed that the declaration made in affidavit (Exhibit PC/1) was false, the Finance-cum-Health Secretary, Chandigarh Administration (complainant-respondent No. 1) initiated an enquiry into the matter and the same revealed that before making the application above-mentioned the petitioner had submitted an application dated 21st of June, 1969 (assigned mark ('a') by the learned Magistrate for identification) to the Principal, Medical College, Amritsar, seeking admission to the M. B. B. S. Course in that College and had appended to the application last-mentioned the following documents:-