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VIBHU BAKHRU, AMIT MAHAJAN
Disha Langan – Appellant
Versus
Delhi High Court (Through Its Registrar General) – Respondent
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 i
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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