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The judgement passed by Chief Justice SK Seth and Justice Vijay Kumar Shukla has played a pivotal role as the Madhya Pradesh High Court has proclaimed its refusal in the arena of interfering with the members of scrutiny committee which had vehemently opposed and had rejected the candidature of two judgeship candidates as they were tried in two criminal cases. Deep Narayan Tiwari and Nand Kishore Sahu had filed the petitions who had made it to the final selection list of the Judicial Services Examination, 2017. Had their candidature wouldn’t have been cancelled they would have been appointment to the post of District Judge (Entry Level).
They were charged under a criminal case under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hence their candidature had been cancelled as is evident from the sources gathered from the Right To Information Act.
However the petitioners had challenged the cancellation orders and had mentioned that they had been acquittedand that the criminal case was now quashed making the order of cancellation of their selection null and void. The state mentioned that even if the petitioners had mentioned the fact that there was pendency of criminal cases against them, they wouldn’t be allowed to be appointed to the position.
The court mentioned that “Regard being had to the submissions advanced on behalf of the parties, we do not find any merit in the writ petitions. Admittedly, on the date of consideration of the cases of the petitioners for appointment, there were criminal cases pending against them and mere selection would not confer any right as appointment is always subject to character verification of a selected candidate."
Owing to the judgments given inAshutosh Pawar vs. High Court of M.P. and Union Territory, Chandigarh Administration and others vs. Pradeep Kumar and another court had ruled against the petitioners mentioning the fact that mere acquittal doesn’t give evidence of the moral character of the candidate hence, the petitions were dismissed.
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