
The Madhya Pradesh High Court has set aside the rejection of a Higher Judicial Service aspirant whose candidature was rejected over two criminal cases registered during his student years. A division bench…
The Madhya Pradesh High Court has set aside the rejection of a Higher Judicial Service aspirant whose candidature was rejected over two criminal cases registered during his student years. A division bench of Justices Anand Pathak and BP Sharma directed the competent authority to reconsider his case. The court said the cases arose from a hostel protest over poor food, did not involve moral turpitude and ended in acquittal after compromise.

The candidate had disclosed the cases while applying for the 2017 M.P. Higher Judicial Service examination. He scored 234 of 450 marks and stood seventh on the unreserved waiting list. The court noted his clean professional record, more than 10 years of legal practice and a police character report finding him suitable for government service. It said the candidate had no automatic right to appointment, but his case warranted fresh consideration under the state’s 2018 guidelines.
The sweeping claim that any past criminal case should permanently disqualify a judge aspirant ignores context, while the opposite claim that every compromise-based acquittal proves innocence is also too broad. Public confidence requires authorities to examine the offence, conduct, disclosure and record together. The practical test now is whether the competent authority gives a reasoned decision under the 2018 guidelines, rather than treating the court’s direction as an order to appoint.
Source: livelaw.in
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