JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with impugned judgment(s) and order(s) dated 10.02.2020 and 04.02.2022 passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur in Writ Appeal No. 723/2018 and Review Petition No. 672/2021 respectively, by which, the Division Bench of the High Court has allowed the said appeal preferred by the State and has quashed and set aside the judgment and order passed by the learned Single Judge allowing Writ Petition No. 18388/2014 and setting aside the order cancelling the candidature of the appellant herein as Police Constable, the original writ petitioner has preferred the present appeals.

2. Appellant herein applied for the post of Police Constable. In the verification form he disclosed of his being tried for an offence under Section 498A of the IPC. However, as he was involved in the criminal case earlier, though he was acquitted, his candidature was rejected by order dated 16.12.2014. The appellant filed the writ petition before the High Court against the cancellation of his selection/candidature and non-appointment. By judgment and order dated 21.08.2017 the learned Single Judge allowed Writ Petition No. 18388/2014 and set aside the cancellation of his candidature and non-appointment and directed the State to appoint him as a Police Constable with all consequential benefits including 50% back wages from the date on which other batchmates came to be appointed on the post of Constable.

2.1 Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge, the State preferred writ appeal before the High Court. By the impugned judgment and order and relying upon some observations made by this Court in the case of Avtar Singh Vs. Union of India & Ors.; (2016) 8 SCC 471 and other decisions, the Division Bench of the High Court has allowed the said appeal and set aside the order passed by the learned Single Judge by observing that if the candidate is found to be involved in a criminal case, even in a case of acquittal and/or even in a case where the employee has made declaration truthfully of a concluded criminal case the employer still has the right to consider antecedents, it cannot be compelled to appoint the candidate.

2.2 The review petition is dismissed by the High Court.

2.3 Feeling aggrieved and dissatisfied with the judgment(s) and order(s) passed by the High Court, the original writ petitioner has preferred the present appeals.

3. Shri S.K. Gangele, learned Senior Advocate appearing on behalf of the appellant has vehemently submitted that in the facts and circumstances of the case, the Division Bench of the High Court has materially erred in allowing the appeal and quashing and setting aside the well-reasoned judgment and order passed by the learned Single Judge by which the learned Single Judge quashed and set aside the cancellation of candidature and non-appointment of the appellant as Police Constable.

3.1 It is submitted that the Hon’ble Division Bench of the High Court ought to have appreciated the fact that the case against the appellant was not for the serious offence but was for the offence under Section 498A of IPC which was out of a matrimonial dispute.

3.2 It is submitted that the Hon’ble Division Bench of the High Court has not appreciated and considered the fact that the case for the offence under Section 498A of IPC was resulted in acquittal in the year 2006 in view of the settlement between husband and wife and the applications for the post of Constable were invited in the year 2013/2014. It is submitted that the appellant could not have been punished for whatever has happened before 7-8 years and that too, at that time the appellant was aged about 18 years and pursuing his studies. It is submitted that therefore the appellant could not have been denied the appointment merely on the ground that he was involved in a case for the offence under Section 498A of IPC and that too before 7 years and which resulte