NDLI: Anil Bhardwaj Vs. The Hon’ble High Court of Madhya Pradesh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Judicial Service Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service Law – Judicial Service – The appellant was selectedfor the post of District Judge (Entry Level) – In his onlineapplication, the appellant had mentioned that one FIR u/ss. 498/406/34 was pending against him – On 14.09.2018, an order wasissued which declared the appellant ineligible and his name wasdeleted from the select list for the said post – A writ petition wasfiled by the appellant challenging the order dated 14.09.2018 – Itwas disclosed under the Right to Information Act that the joint meetingof Administrative Committee (Higher Judicial Service) andExamination-cum-Selection and Appointment Committee dated18.07.2018 had considered appellant not suitable for beingappointed – Meanwhile, the appellant was acquitted of the chargeframed against him vide judgment dated 18.09.2019 – The appellantwithdrew his earlier writ petition and filed a fresh writ petitionincorporating subsequent events, facts and acquittal order – Thesaid writ petition was dismissed by the High Court – Before theSupreme Court, the appellant contended that his subsequent acquittalshould have been reconsidered by the High Court and the HighCourt committed an error in not considering the appellant forappointment – It was further contended that as per paragraph 6(viii)of the guidelines issued by the State on the subject ‘regarding issuingof new guidelines for character verification’, the candidate will beeligible for Government Service as appellant has been acquitted –Held: There is no dispute that on the date when the Committeedeclared the appellant unsuitable, criminal case against him u/s.498A and 406 IPC was pending which was registered on a complaintfiled by the appellant’s wife – The mere inclusion in the select listdoes not give an indefeasible right to a candidate – The employerhas right to refuse appointment to the candidate included in theselect list or any valid ground – The persons who occupy judicialservice of the State are persons who are expected to have impeccablecharacter and conduct – The decision of the Committee was wellwithin the jurisdiction and power of the Committee and cannot besaid to be unsustainable – There was no infirmity in the decisiontaken by the Committee – The High Court did not commit any errorin dismissing the writ petition – The fact that subsequently theappellant was acquitted in the criminal case did not furnish sufficientground for reconsidering the appellant for appointment on the post– As far as the paragraph 6(viii) of the guidelines is concerned, thesame cannot came to the rescue of the appellant since at the time ofcharacter verification the appellant had not been acquitted and hewas acquitted after more than a year from rejection of his candidature– Thus, the appellant was not entitled for any relief in the writpetition.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2020 INSC 591
Petitioner	Anil Bhardwaj
Respondent	The Hon’ble High Court Of Madhya Pradesh & Ors.
SCR	[2020] 9 S.C.R. 442
Judgement Date	2020-10-13
Case Number	3419

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Anil Bhardwaj Vs. The Hon’ble High Court of Madhya Pradesh & Ors.

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