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Madhya Pradesh HC Reiterates: Acquittal in Criminal Case Not Adequate To Infer Judgeship Candidate's Good Character

Team SoOLEGAL 4 Jan 2019 4:20pm

Madhya Pradesh HC Reiterates: Acquittal in Criminal Case Not Adequate To Infer Judgeship Candidate's Good Character

Madhya Pradesh HC rejected the candidature for judgeship of two candidates because they had been tried in two criminal case. Therefore, court has refused them to interfere with the decision of the high court scrutiny committee.

The judgment was stated by a Bench comprising Chief Justice SK Seth and Justice Vijay Kumar Shukla. Hence on two petitions were filed by Deep Narayan Tiwari and Nand Kishore Sahu.

Cancellation was challenged, it was submitted by them that the criminal case against them had been quashed now and consequently, the cancellation of their selection was invalid. The State on the other hand, stated that the petitioners had no right to be allotted merely because they had truthfully disclosed the fact of pendency of criminal cases against them.

The petitioners had put forward that their names were included in the final selection list in the Judicial Services Examination, 2017 for appointment to the post of District Judge at entry level. Their names were though deleted from the list later and their selection was cancelled. Information was revealed under the Right to Information Act that their selection was withdrawn due to pendency of a criminal case under Section 3(2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

 Ruling against the petitioners, the court relied on the judgment conceded by a full bench of the court in Ashutosh Pawar vs. High Court of M.P. and another. In which the Supreme Court decision in Union Territory, Chandigarh Administration and others vs. Pradeep Kumar and another was referred to, to hold that sheer acquittal in a criminal case would not be sufficient to infer that a candidate possesses g character.

Regard being had to the submissions advanced on behalf of the parties, we do not find any merit in the writ petitions, hence the petitions was then dismissed with the observation of the court. Admittedly, there were criminal cases pending against them. The mere selection would not confer any right as appointment which is always subject to character verification of a selected candidate.

Tagged: Madhya Pradesh   high court   criminal cases   Chief Justice SK Seth   Justice Vijay Kumar Shukla   Supreme Court  
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