“Judicial service is very different from other services and the yardstick of suitability that may apply to other services, may not be the same for judicial service.”
Supreme Court: The 3-Judge Bench comprising of Kurian Joseph, Sanjay Kishan Kaul and Navin Sinha, JJ., while allowing an appeal filed by a successful judicial services candidate stated that, “the consideration and candidature in the present case of the appellant are afflicted by a myopic vision, blurred by the spectacle of moral turpitude, reflecting inadequate appreciation and application of facts.”
The factual matrix of the case presents a picture in which it is stated that the appellant being a successful aspirant for judicial service was aggrieved from cancellation of his selection for appointment due to the character verification report.
The contention of the appellant by his learned counsel was that he had honestly and truthfully disclosed his prosecution and acquittal. It has been stated that appellant was being subjected to arbitrary and hostile discrimination by placing reliance of Joginder Singh v. State (UT of Chandigarh), 2015 (2) SCC 377. Counsel for the respondents stated that acquittal because prosecutrix turned hostile cannot come to the aid of the appellant and fact that he had disclosed the same earlier does not exempts his conduct involving moral turpitude.
Therefore, the Supreme Court on the observance and analysis of the facts and circumstances of the case stated that “Employment opportunities are a scarce commodity in our country.” In furtherance to the stated analysis, the Court added that “every individual deserves an opportunity to improve.” Also, the Apex Court concluded by stating that no reasonable person on the basis of materials placed before us can come to the conclusion that the antecedents and character of the appellant are such that he is unfit to be appointed as a judicial officer.
Hence, the respondents were directed to reconsider the candidature of the appellant and an appropriate decision shall be taken in light of the present discussion. The appeal was allowed. [Mohammed Imran v. State of Maharashtra,2018 SCC OnLine SC 1943, decided on 12-10-2018]
