APOORVA PATHAK vs THE HIGH COURT OF MADHYA PRADESH & ANR.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(SC) 8711

SANJAY KISHAN KAUL, SUDHANSHU DHULIA, JJ
APOORVA PATHAK – Appellant
Versus
THE HIGH COURT OF MADHYA PRADESH & ANR. – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Niraj Sharma, AOR, Ms. Mahima Sharma, Adv., Ms. Tanya Raizada, Adv., Mr. G.A.V. Ravi Kumar, Adv., Mr. Sumit Kumar Sharma, Adv., Mr. Ragav Gupta, Adv., Mr. S.k Gangele, Sr. Adv., Ms. Priya Sharma, Adv., Mr. Prathvi Raj Chauhan, Adv., Mr. Arjun Sain, Adv., Ms. Shashi Kiran, AOR, Mr. Namit Saxena, AOR, Mr. Awnish Maithani, Adv., Mr. Shivam Raghuwanshi, Adv., Mr. Swapnil Jain, Adv., Ms. Meenakshi Arora, Sr. Adv., Mr. Nikhil Jain, AOR, Ms. Divya Jain, Adv., Ms. Monica Dhingra, Adv.
For the Respondents: Mr. Arjun Garg, AOR, Ms. Sagun Srivastava, Adv., Ms. Shreya Bansal, Adv., Mr. Aniket Singh, Adv., Mr. Sunny Choudhary, AOR, Mr. Sandeep Pathak, Adv., Mr. Sandeep Sharma, Adv.

Table of Content
1. judicial selection process initiated in 2019 faced issues due to past criminal case. (Para 1 , 2 , 3)
2. petitioner disclosed her past criminal case during the interview. (Para 4 , 5)
3. high court's refusal to recommend due to minor offence non-disclosure deemed unjust. (Para 6 , 7)
4. court allowed the writ petition; directed appointment based on merit. (Para 8 , 9)

ORDER

1. In the above writ petition, the petitioner was selected as Judicial officer (Civil Judge, Junior Division) for Madhya Pradesh Judicial Services for the selection process initiated in the year 2019. The name of petitioner was, however, not recommended for appointment for the reasons that she had a criminal case against her, which she had not disclosed. On 05.12.2022, notice was sent in the above case. Shri Arjun Garg, Learned counsel, now appears for the High Court of Madhya Pradesh.

Apart from the above case, there are three other cases today, for the same selection process, on broadly similar footing, where notices were earlier issued and today a statement was made in the Court by the learned counsel Shri Arjun Garg that subsequent to the notice sent in those cases, the Full Court of Madhya Prad

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2023 Supreme(Online)(SC) 8711

SANJAY KISHAN KAUL, SUDHANSHU DHULIA, JJAPOORVA PATHAK – AppellantVersusTHE HIGH COURT OF MADHYA PRADESH & ANR. – Respondent

SANJAY KISHAN KAUL, SUDHANSHU DHULIA, JJ
APOORVA PATHAK – Appellant
Versus
THE HIGH COURT OF MADHYA PRADESH & ANR. – Respondent