Deception of a Public Service Commission and the Government by a candidate applying for a post constitutes the offence of cheating under S. 415 I.P.C.

Judgment

RAGHUBAR DAYAL, J. : The facts leading to this appeal, by special leave, are these:

The Madras Public Service Commission, hereinafter referred to as the Service Commission, by its notification published in the Fort St. George Gazette dated August 3, 1948, invited applications for appointment of Assistant Surgeons in the Madras Medical Service (Men s Section), from persons who had rendered temporary service as Assistant Surgeons in that Service at any time between September 3, 1939 and December 31, 1947 and from persons who had rendered War Service and possessed the qualifications mentioned in paragraph 3 of the notification. Paragraph 3 of the notification, inter alia, reads:

Applicants must satisfy the Commission

(a) that they are registered practitioners within the meaning of the Madras Medical Registration Act, 1914;

(b) that they possess the L. M. S. degree or the M. B. B. S., degree of a University in the Province or an equivalent qualification."

2. The appellant, who was at the time serving as a Civil Assistant Surgeon in the Madras Medical Service on a temporary basis, applied for the permanent appointment to the posts notified by the Public Service Commission. In this application he made the following representations, which have been found to be false, by the Courts below:

(i) that his name was Kaza Krishnamurthy;

(ii) that his place of birth was Bezwada, Krishna district;

(iii) that his father was K. R. Rao of Bezwada; and

(iv) that he held the degree of M. B. B. S., II Class, from the Andhra Medical College, Vizagapatam, Andhra University.

3. On these facts, the appellant was convicted of the offence under S. 419 I. P. C. for having cheated the Madras Public Service Commission by personating as Kaza Krishnamurthy and misrepresenting that he had the necessary qualifications for the post advertised inasmuch as he held the degree of M. B. B. S., and that this deception of the Service Commission was likely to have caused damage to its reputation.

4. It may now be mentioned that the appellant was also tried for offences under S. 420 and S. 465 I.P.C. in connection with certain acts committed by him in June and October, 1944. The trial Court acquitted him of the offence under S. 465, but convicted him of the other offence. He was, however, acquitted on appeal, by the Sessions Judge, of the offence under S. 420 I.P.C.

5. The appellant s conviction under S. 419 I.P.C. was confined by the Sessions Judge and the revision against that order was dismissed by the High Court. It is against this order of the High Court that the appellant has preferred this appeal, after obtaining special leave.

6. It has been contended for the appellant that on the facts established in the case, no offence under S. 419 I.P.C. is made out against him, as the appellant s efficiency as a surgeon is not in dispute, he having secured good reports from his superiors during the period of his service and as therefore there could be no question of the Service Commission suffering damage in its reputation.

7. on the contrary, it is urged for the State that the offence of cheating is made out against the appellant as be deceived the Service Commission and that such deception was likely to damage its reputation (as he deceived the Service Commission) and obtained from it property viz., the admission card entitling him to sit at the Competitive Examination for the appointment of candidates for these posts, and as the appellant also deceived the government of the State by his false representations and dishonestly induced it to appoint him in service and pay him salary during the period of his service.

8. Section 415 I. P. C., defines cheating and reads:

"Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were no