Deliberate suppression of material information in the application form and appointment order warrants disqualification and dismissal from service.

JUDGMENT

Arun Bhansali, J. - This petition has been filed questioning the order passed by the respondents denying the appointment to the petitioner on the post of Assistant Professor in subject Extension Education on the ground that petitioner suppressed pendency of criminal trial against him in pursuance of the FIR No. 147/2020 under Sections 406 & 498A IPC.

2. It is inter alia indicated in the petition that pursuant to the advertisement dated 13/4/2022 issued by the respondent University for the post of Assistant Professor, the petitioner applied for the said post in the subject Extension Education. In the application form filled by the petitioner (Annex. 2), in the column, whereby, the petitioner was asked 'Is there any court case/police case pending against you? If so, give details.', the petitioner marked "No".

3. After undergoing the recruitment procedure as prescribed in the advertisement, by order dated 18/5/2022, on the recommendation of the Statutory Selection Committee meeting and interview, the petitioner was accorded appointment as Assistant Professor, Extension Education. In the order, it was inter alia indicated that the appointment is subject to antecedents verification.

4. It is submitted that on account of the appointment order dated 18/5/2022 (Annex. 3), the petitioner, who was working as Manager with the Bank of Baroda, submitted his resignation, which was accepted on 21/6/2022 (Annex. 4). It is then stated in the petition that in the police verification held qua the petitioner (Annex. 5), it was disclosed that an FIR No. 147/2020 was lodged against him under Section 406 and 498A IPC, wherein, trial was pending against the petitioner, on which account apparently, the petitioner was not permitted to join and, therefore, the petitioner sent an email (Annex. 6) to the respondents to permit him to join pursuant to the order of appointment dated 18/5/2022. Based on the above facts the prayer as noticed has been made.

5. A reply to the writ petition has been filed along with an order dated 30/6/2022 (Annex. R/2/1), wherein, the Committee constituted for the purpose, recommended that as the petitioner had concealed the facts while submitting his application form to the University, which is violation of the terms and conditions of filling the application form and as per the terms and conditions mentioned in his appointment order, he cannot be allowed to join, therefore, action may be taken accordingly. Based on which, by order dated 5/7/2022 (Annex. R/2/2), the order of appointment dated 18/5/2022 issued in favour of the petitioner has been cancelled with immediate effect.

6. Further submissions have been made in the reply that as the petitioner had concealed the fact of pendency of criminal case in his application form, which fact came to light only by way of police verification, the petitioner is not entitled to seek any relief from the Court and in terms of the advertisement, application form and the order of appointment, the orders have been passed cancelling the appointment of the petitioner, which do not require any interference.

7. Learned counsel for the petitioner made vehement submissions that the petitioner had mistakenly and unintentionally not mentioned the details of the pending court case or the police case registered against him because he was under the impression that the case lodged against him is a family matter, which was not required to be disclosed.

8. Further submissions have been made that based on the appointment accorded to the petitioner, the petitioner has resigned from his service with Bank of Baroda and in case he is not accorded appointment by the respondents, the petitioner will suffer irreparable loss inasmuch as based on the order of appointment the petitioner having resigned from a permanent job, he would be now rendered unemployed, therefore, on that count also the orders (Annex. R/2/1 & R/2/2) filed by the respondents along with reply deserve to be quashed and set aside.

9. Further submi