IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 05.12.2023 + W.P.(C) No.11336/2023 & CM No. 44103/2023 DISHA LANGAN ..... Petitioner Versus DELHI HIGH COURT (THROUGH ITS REGISTRAR GENERAL) ..... Respondent Advocates who appeared in this case:

For the Petitioner : Mrs. Anjali Jha Manish, Mr. Priyadarshi Manish & Ms. Divya Rastogi, Advs.

For the Respondent : Dr. Amit George, Mr. Rayadurgam Bharat, Mr. Arkaneil Bhaumik, Mr. Piyo Harold &

Mr. Adhishwar Suri, Advs.

CORAM HON’BLE MR JUSTICE VIBHU BAKHRU HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

VIBHU BAKHRU, J.

1. 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 Signature Not Verified Digitally Signed W.P.(C) No.11336/2023 Page 1 of 28 application form for the Delhi Judicial Service Examination – 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 Signature Not Verified Digitally Signed W.P.(C) No.11336/2023 Page 2 of 28 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.

Signature Not Verified Digitally Signed W.P.(C) No.11336/2023 Page 3 of 28

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, Ne