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Recently, The Madhya Pradesh High Court reinstated two Judicial Officers who were suspended on the criteria that they had more than two children even though the application form was silent. It was held that the eligibility criteria have to be satisfied initially before permitting a candidate to attend the examination and selection process. Two candidates i.e., Manoj Kumar and Ashraf Ali had appeared for the examination and gone through the selection process, were appointed as Higher Judicial Officers. When information was sought pertaining to the number of children after their appointment, it was brought to light that the appointment officers were terminated for the reason that they have more than two children. This termination was challenged in the High Court. The contention was based on seeking information about the number of children and also the disqualification as per Clause 3(a) cannot be applied to them.
The Bench comprising of Chief Justice Hemant Gupta and Justice HP Singh held that it was inappropriate for the High Court to declare a candidate ineligible without following 1961 rules in the prescribed application form. It was also held that such clause of disqualification was mainly to control the population of the country. Hence, the aforementioned clause cannot be said to be illegal by stating that it is violating the provisions of the Constitution of India.
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