On the basis of that application the Public Service Commission, by their letter dated April 2, 1951, permitted the respondent to sit for a companypetitive examination which was to be held on May 1, 1951 but by the same letter the respondent was requested to submit his Matriculation and Degree Certificates.
If Mr. Chablani is in permanent Government Service, the Commission companysider that prima facie Mr. Chablani is number a person who, after this attempt at deception, should be retained in service, and that he should be ordered to show cause why he should number be dismissed a for giving Government a false age, b for attempting to deceive the Public Service Commission in the same way, and c for falsely stating in his application to the Commission that all entries therein were companyrect.
This writ petition was heard by the High Court and by a judgment dated September 28, 1954, the High Court held that the order of dismissal passed against the respondent was made in violation of the companystitutional guarantee companytained in Article 311 2 and was on that ground void and ineffective.
On June 6, 1952, the State Government passed another and final order of dismissal stating therein that the respondent was dismissed from service on the ground of a false declaration of age to the Public Service Commission.
On April 12, 1952, the State Government wrote to the Public Service Commission for a re consideration of the case of the respondent on the fresh materials supplied by the respondent and further stated that in the opinion of the State Government there was numberulterior motive or bad faith on the part of the respondent inasmuch as he was neither over age for the post number was he precluded from promotion on the ground of age, even if December 25, 1924, was taken to be the companyrect date of his birth it was further stated that he was entitled to the companycession offered to temporary Government servants and accordingly his application to the Public Service Commission was in order.
On receipt of this representation the State Government again stayed the order of dismissal until further orders.
In support of this explanation the respondent filed a a photostat companyy of his original horoscope, b an affidavit of the family priest, c an affidavit of a living elder member of the family, d an affidavit of a class mate, e an affidavit of a former school Principal and f a medical certificate from the Civil Surgeon of Nanded.
On December, 18, 1951, that is two days earlier, the respondent had sent another representation through the Inspector General of Prisons with which he enclosed a birth registration certificate from the Hyderabad Sind Municipality this certificate, the respondent said, supported his explanation that he had given the companyrect date of his birth in his application to the Public Service Commission and that the age shown in the Matriculation Certificate was wrong.
This was also the date of his birth as recorded in the service book.
The Public Service Commission then wrote to the Registrar of the Bombay University, and on hearing from the latter made a report to the State Government by means of a letter dated June 15, 1951.
The respondent then moved the High Court for a certificate under Article 132 1 of the Constitution and by its order dated February 18, 1955 the High Court granted a certificate in the terms stated in the order.
The High Court allowed the application and further directed that the present respondent be forthwith re instated in service.
He produced his Matriculation Certificate only after being pressed to do so.
That certificate showed, however, that the date of the respondents birth was December 25, 1924.
The Public Service Commission did number, however, accept the views of the State Government and in their letter dated April 25, 1952, made the following observations The Commission companysider that Mr. Chablani was guilty of a deliberate attempt to deceive the Commission by giving a wrong date of birth and verifying it as companyrect.
A second attempt at deception was his statement that the Bombay University transferred, by mistake, his elder brothers age to him.
The respondent heard numberhing further from the State Government after the submission of his explanation but on September 30, 1951, the State Government passed an order saying that the respondent was dismissed from Government service with effect from September 30, 1951.
This clearly shows that he sought to deceive the Commission.
On April 19, 1951, the respondent sent his Matriculation Certificate to the Public Service Commission.
On the basis of the aforesaid letter of the Public Service Commission the State Government asked the respondent on August 22, 1951, to show cause why he should number be dismissed from service for making false declarations with regard to his date of birth to Government and also in his application for the post of Assistant Superintendent of Jails addressed to the Public Service Commission.
Although under the rules he should have supported his statement by his Matriculation Certificate, he did number do so and only produced Certificate under pressure.
While sending the certificate to the Public Service Commission the respondent gave an explanation that the certificate companytained a wrong date of his birth, presumably because the person who got him admitted to school had made a mistake which mistake companytinued in the school records and eventually crept into the Matriculation Certificate.
The advertisement further required candidates to enclose with their applications Matriculation certificates in proof of age, and in the case of Government servants the advertisement directed that a reference to the service book or Civil List should be given.
In that letter the Public Service Commission stated Mr. Chablani deliberately gave an incorrect date of birth to the Government and has number attempted to deceive the Commission.
The respondent then unsuccessfully appealed to the Rajpramukh and on June 5, 1953, he filed a writ petition in the High Court of Judicature at Hyderabad praying that the order of dismissal dated June 6, 1952, and the previous proceedings leading up to the said order be quashed by a writ of certiorari and a writ of mandamus be issued directing the State Government to re instate the respondent in the post which he held at the time of his dismissal.
The advertisement by which applications were invited for the aforesaid posts stated inter alia that the candidates must number be less than 21 years or more than 25 years of age on February 24, 1951 it also stated that a companycession in age would be allowed to temporary Government servants, retired officers of the Hyderabad Army or State ex service men and surplus staff in any department of the Hyderabad State to the extent of the period of service already put in.
On April 7, 1950, he was appointed to officiate.
The terms stated were these On behalf of the State two points are urged in support of this application for leave o proceed to the Supreme Court.
On December 20, 1951, the stay order was withdrawn and the order of dismissal ipassed was companyfirmed with immediate effect.
On August 30, 1951, the respondent submitted his explanation in which he maintained that the companyrect date of his birth was February 25, 1926, and the date shown in the Matriculation Certificate was wrong.
On February 19, 195.1, the respondent sent an application in which he stated that his date of birth was February 25, 1926.
as Assistant Superintendent of Jails in the said State.
K. Das, J. This appeal by the State of Mysore on a certificate granted by the High Court of Judicature at Hyderabad under Article 132 of the Constitution can be disposed of on two very short grounds, and it is necessary to state such facts only as have reference to those two grounds.
The respondent, H. L. Chablani, was first appointed as Deputy Jailor at Jalna in the State of Hyderabad, as it was then called, on December 14, 1948.
The respondent then made an appeal to the Chief Minister and on October 4, 1951, an order was passed staying the operation of the order of dismissal.
In February, 1951, the Hyderabad Public Service Commission invited applications for four posts of Assistant Superintendents, Central Jails in the Hyderabad Division.
