Summary
The Court upheld rejection of a selected District Judge candidate whose criminal case remained pending when suitability was assessed. He had disclosed the case; concealment was not the basis of rejection. Acquittal more than a year later did not require reopening the completed recruitment, although the Court expressly clarified that the acquittal had removed any stigma associated with the criminal case.
Issues
- Whether later acquittal required reconsideration of candidature rejected during a pending criminal trial.
- Whether judicial review of suitability was confined to mala fides.
- Whether the character-verification guidelines required a different outcome.
Provisions considered
- Article 226, Constitution of IndiaRecognised review of suitability decisions for arbitrariness as well as mala fides, while finding no infirmity here. (¶¶ 11, 21, 22, 23, 24)
Held
- Selection does not confer an indefeasible right to appointment. Judicial service demands impeccable character and conduct; the pending criminal case was a relevant consideration when the committee assessed suitability. The employer was not required to await its conclusion. (¶¶ 10, 12, 13, 14, 17, 23)
- Suitability decisions are reviewable for arbitrariness and other valid grounds, not only mala fides. The impugned decision was nevertheless within the committee’s powers and based on a relevant consideration. (¶¶ 21, 22, 23, 24)
- Acquittal after the recruitment process had closed did not turn the clock back or supply sufficient ground to reconsider appointment. Authorities involving acquittal before selection or interview were distinguishable. (¶¶ 14, 15, 16, 19, 20, 23, 24)
- The State guideline treating a candidate acquitted on merits as eligible operated at character verification. It did not assist this candidate, who had not then been acquitted. His subsequent acquittal did, however, wash out any criminal-case stigma. (¶¶ 25, 26, 27, 28, 29)
Result
Appeal dismissed. Rejection of candidature and dismissal of the writ petition maintained, with express clarification that the acquittal dated 18 September 2019 removed any stigma of the criminal case.