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Supreme Court of India 2018-10-12 allowed

Mohammed Imran vs State of Maharashtra and Others

Bench: 3 — Navin Sinha

In Brief

A judicial service candidate was denied appointment based on a police character verification report citing alleged moral turpitude, despite being acquitted of criminal charges and having disclosed the prosecution truthfully. The Court held that arbitrary denial of appointment after empanelment, based on a single past incident when all other parameters establish fitness, violates principles of fair dealing. The Court noted another similarly acquitted candidate had been appointed, indicating discriminatory application of standards. Finding no reasonable basis to conclude the candidate unfit, the Court set aside the cancellation and directed reconsideration within eight weeks, subject to no entitlement to other reliefs like seniority adjustments.

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Constitutional Law Employment Law Judicial Appointments Administrative Law Discrimination Moral Turpitude

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