38.6c New Delhi, India, Tuesday, April 23, 2024
Judiciary

Supreme Court allows Jr. Judge appointment to woman denied the same due to dog bite case

By LAWSTREET NEWS NETWORK      16 November, 2023 01:34 PM      0 Comments

NEW DELHI: The Supreme Court has directed for appointment of a woman to the post of Civil Judge Junior Division, holding that the Madhya Pradesh High Court's decision to deny her appointment a second time due to a minor dog bite case on her, was untenable and unjust.

On a writ petition filed by Apoorva Pathak, a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said she had already suffered in the 2017 Judges' selection process due to non-disclosure of the criminal case, and to punish her again in 2019 for the "so-called" criminal case was not justified, as she had cleared the examinations.

“We have absolutely no doubt in our mind that the decision of the High Court taken on its administrative side, though well intentioned, is causing a grave injustice to the petitioner,” the bench said.

The court declared that the grounds made by the High Court for denying appointment to the petitioner are not tenable. It thus set aside the High Court order, passed on December 5, 2022.

The court ordered that the petitioner shall be given appointment to the post of Civil Judge (Junior Division).

“We also make it clear that her seniority will be given as per the original seniority, i.e., from the date of her selection, in order of her merit,” the bench said.

The bench said that the objections raised by the High Court that she has not appeared before this court with clean hands, is not correct.

The court pointed out that the nature of the offence against the petitioner is itself an extremely minor offence under IPC.

“For the non-disclosure of this offence, she has already suffered inasmuch as in the first round of selection for the year 2017 although she was selected but was not given appointment, and she lost her case right up to the Supreme Court. To punish her again for the same reason in the next selection process, is not justified in our opinion. To put it simply, the petitioner was charged with an offence under Section 289 IPC, for which she was acquitted in the year 2018,” the bench said.

Section 289 of the Indian Penal Code provides the following:

"289. Negligent conduct with respect to animal.—Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

The High Court had contended that it is not the gravity of the offence which counts, but the fact that the petitioner had not disclosed the fact that in the earlier selection process which was for the year 2017 her candidature was rejected for the same reason. A reference has been given to the same selection which was made for the year 2017 where evidently the petitioner had not disclosed the fact and therefore, she was not appointed although she had qualified the examination.

The Full Court of the Madhya Pradesh High Court decided not to appoint her for the post and this decision was accepted by the state government.

Pathak filed a petition before the High Court, which was dismissed, as was her review. She moved a Special Leave Petition before the apex court against the High Court order but that too was dismissed as withdrawn.

“Now in the present case, which relates to the subsequent selection process (year 2019), for the same post, one of the reasons given by the High Court for not giving appointment to the petitioner is her non-disclosure in the earlier selection process (year 2017) and the fact that she had lost her case from all the courts including the Supreme Court. The fact that in the present selection process the petitioner had disclosed her so called ‘criminal case’ and acquittal has been admitted by the High Court,” the bench said. 



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

SC Issues Notice to Centre on PIL by Ashwini Upadhyay to Debar Candidates From Contesting Polls on Framing of Charges  [Read Petition] SC Issues Notice to Centre on PIL by Ashwini Upadhyay to Debar Candidates From Contesting Polls on Framing of Charges [Read Petition]

A bench of Justices K M Joseph and Hrishikesh Roy sought a response from the Union government's Law and Justice and Home Ministries, and the Election Commission on plea by BJP leader and advocate Ashwini Kumar Upadhyay.

SC to take up PIL by Ashwini Upadhyay for publishing draft laws before hand to strengthen law making process SC to take up PIL by Ashwini Upadhyay for publishing draft laws before hand to strengthen law making process

The Supreme Court is set to take up on October 31 an important PIL by advocate Ashwini Kumar Upadhyay for a direction to the Centre and States to publish draft legislations 60 days before introducing those in Parliament and State Assemblies

Left well-settled job as engineer to pursue legal reforms, Ashwini K Upadhyay to SC Left well-settled job as engineer to pursue legal reforms, Ashwini K Upadhyay to SC

Upadhyay was arguing in person for his PIL seeking a direction to the Centre and States to constitute expert committees to examine good practices of the countries, ranked among top 20 in Corruption Perception Index.

Uniform laws on inheritance, maintenance, divorce in domain of Parliament: SC to Ashwini K Upadhyay Uniform laws on inheritance, maintenance, divorce in domain of Parliament: SC to Ashwini K Upadhyay

The Supreme Court on Friday orally observed that bringing uniform laws for inheritance, maintenance, divorce and guardianship fell in domain of Parliament.

TRENDING NEWS

a-critique-of-the-supreme-courts-adventurism-for-lgbtqia-rights
Trending Legal Insiders
Overreaching Jurisdiction: A critique of the Supreme Court's adventurism for LGBTQIA rights

In its over-enthusiasm to protect LGBTQIA+ rights, has the Supreme Court exceeded its constitutional mandate under Article 142? A Delhi University research scholar evaluates the theme.

22 April, 2024 10:48 AM
new-criminal-laws-watershed-moment-for-society-cji
Trending Legal Insiders
New criminal laws watershed moment for society: CJI [Read Inaugural Remarks]

CJI Chandrachud hails new criminal laws as a watershed moment, marking a significant overhaul for the justice system, emphasizing adaptation and technology's role.

22 April, 2024 11:26 AM

TOP STORIES

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM
pil-filed-by-ashwini-kumar-upadhyay-in-sc-for-yr-bachelor-of-law-degree-after-class
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
centre-sets-up-high-powered-committee-to-suggest-measures-to-end-discrimination-against-queer-community
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
after-karnataka-hc-delhi-hc-sets-aside-government-circular-banning-23-ferocious-dog-breeds
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email