RAM KRISHAN THAREJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(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.

(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.