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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vibhu Bakhru, Amit Mahajan, JJ.
Disha Langan - Appellant
Versus
Delhi High Court (Through Its Registrar General) - Respondent
W.P.(C) No. 11336 of 2023 & CM No. 44103 of 2023
Decided On : 05-12-2023
Candidature Revocation - Disclosure of Prosecution - Customs Act, 1962 - Sections 132, 135(1)(a) and (b) - The judgment discusses the revocation of the petitioner's candidature for appointment to the Delhi Judicial Service due to her alleged concealment of a pending criminal prosecution in her application form. The court analyzed the relevant queries in the application form and attestation form, and considered the ambiguity in the interpretation of the queries. The court referred to various legal principles and precedents related to the disclosure of criminal cases and the consequences of suppression of information. Ultimately, the court allowed the petition and set aside the revocation of the petitioner's candidature.
Fact of the Case:
The petitioner's candidature for appointment to the Delhi Judicial Service was revoked due to her alleged concealment of a pending criminal prosecution in her application form. The petitioner argued that the queries in the application form were ambiguous and that she had not intended to suppress any information. The court considered the ambiguity in the queries and the petitioner's disclosure in the attestation form, and also noted a similar case where no action was taken against another candidate in a similar situation.
Finding of the Court:
The court found that the queries in the application form were capable of being misunderstood, and the petitioner's response in the negative may have been due to a misunderstanding of the queries. The court also noted the petitioner's disclosure in the attestation form and the lack of action against another candidate in a similar situation. Ultimately, the court allowed the petition and set aside the revocation of the petitioner's candidature.
Issues: The main issue was whether the petitioner's candidature was rightly revoked for alleged concealment of a pending criminal prosecution in her application form. The court also considered the ambiguity in the queries and the petitioner's disclosure in the attestation form, as well as the lack of action against another candidate in a similar situation.
Ratio Decidendi: The court's decision was based on the finding that the queries in the application form were capable of being misunderstood, and the petitioner's response in the negative may have been due to a misunderstanding of the queries. The court also considered the petitioner's disclosure in the attestation form and the lack of action against another candidate in a similar situation.
Final Decision: The petition was allowed, and the impugned communication cancelling the petitioner's candidature and recommendation for appointment to DJS was set aside.
JUDGMENT
Vibhu Bakhru, J. - The petitioner has filed the present petition impugning the decision of the establishment of this Court (hereafter `DHC') cancelling/revoking her candidature and recommendation for appointment to the Delhi Judicial Service (hereafter `the DJS'). The petitioner's candidature for appointment to the DJS was cancelled on the ground that she had concealed the fact that a criminal prosecution/criminal complaint was pending against her, in her application form for the Delhi Judicial Service Examinati on - 2022 (hereafter `DJS Examination'). DHC communicated its decision to the petitioner by a letter dated 31.07.2023, which is assailed by the petitioner in the present petition.
2. At the outset, it is relevant to note that petitioner's candidature was not revoked on account of criminal proceedings instituted against her, which now stand quashed, but for the reason that she had not disclosed the fact that she was being prosecuted in her application form.
FACTUAL BACKGROUND
3. The petitioner completed her five years of Bachelor of Law degree course from National Law University, Gandhinagar, Gujarat in June, 2019. The petitioner states that she secured first division in the said course.
4. The petitioner was enrolled as an advocate in Delhi on 23.08.2019. She cleared the All India Bar Examination in the year 2021. Thereafter, she participated in various competitive examinations for appointment in government services. She also appeared for the DJS Examination but was unsuccessful in clearing the Preliminary Examinations held prior to 2022.
5. On 23.02.2022, DHC invited online applications from eligible candidates for filling up 123 (one hundred and twenty-three) vacancies in DJS. The DJS Preliminary Examination-2022 was scheduled to be held on 27.03.2022.
6. On 14.03.2022, the petitioner filled her application form for the DJS. In the said application, the petitioner was required to disclose whether she had been arrested, prosecuted, kept under detention or bound/convicted by a court of law for any offence. The petitioner's response to the said query was in the negative. The relevant query and the petitioner's response to the same, as reflected in her application form, are set out below:
"Additional Details:
*** *** ***
6. Have you ever been arrested, prosecuted, kept under detention or bound/convicted by a court of Law for any offence? NO."
7. The result of the DJS Preliminary Examination-2022 was declared on 18.05.2022 and the petitioner was shortlisted for appearing in the DJS Main Examination (Written)-2022. The said examination was held on 11.06.2022 and 12.06.2022. The petitioner cleared the same and was admitted to Viva-Voce. The petitioner appeared for the interview on 13.02.2023 and was selected to join the DJS on 25.04.2023. The petitioner was offered appointment to the DJS, however, the same was subject to the verification of her character antecedents from the concerned police authorities.
8. The petitioner filed the attestation form on 31.05.2023. In the said form, she disclosed that a criminal complaint bearing No.14924/2018 captioned DRI v. Amit Goyal & Ors., was pending before the learned Chief Metropolitan Magistrate, Patiala House Court, New Delhi. She further disclosed that the said criminal complaint as well as the summoning order dated 22.10.2018 were subject matter of challenge before this Court in Crl. M.C. No.2141/2021 captioned Disha Langan v. Directorate of Revenue Intelligence and pursuant to the orders passed by this Court, the proceedings relating to the criminal complaint as well as the summoning order were stayed.
9. The relevant extract of the attestation form filled by the petitioner is set out below:
| "12(a) Have you ever been arrested, prosecuted, kept under detention or bound down/convicted by a court of law for any offence or debarred/disqualified by any Public Service Commission from appearing at its examination/selection or debarred educational authority/institution? | NO |
| (b) Is any case pen | |
The main legal point established in the judgment is that the queries in an application form must be specific and not vague, and a candidate cannot be held accountable for not responding to a query wh....
Suppression of material facts regarding pending criminal cases has a clear bearing on the character, conduct, and antecedents of the employee, and can lead to termination of services.
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
Suppression of material information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
A candidate's non-disclosure of a past acquitted criminal case does not automatically justify disqualification from public service; each case must be assessed on its merits and surrounding context.
The cancellation of a candidate's selection based solely on the registration of a criminal case, without evidence of complicity, is unjustified and reflects a lack of proper consideration of the fact....
The deliberate furnishing of false information about the non-pendency of a criminal case can warrant the cancellation of candidature or termination of service, as per the guidelines laid down in rele....
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