DEEP NARAYAN TIWARI Vs. STATE OF M P AND OTHERS
LAWS(MPH)-2018-12-37
HIGH COURT OF MADHYA PRADESH
Decided on December 11,2018

Deep Narayan Tiwari Appellant
VERSUS
State Of M P And Others Respondents

JUDGEMENT

Vijay Kumar Shukla, J. - (1.) In both the writ petitions, challenge has been made to the order passed by the respondents whereby the selection of the petitioners for appointment on the post of District Judge (Entry Level) pursuant to the process of selection conducted by the High Court for M.P. Higher Judicial Service (Entry Level) Direct Recruitment from Bar, Examination 2017 has been cancelled. Therefore, both the petitions are being disposed of by a common order. For the sake of clarity and convenience the facts of the case in W.P. No.27419/2018 are noted.
(2.) The petitioner has challenged the order dated 17.09.2018 issued by the respondent no.1 whereby selection of the petitioner in the Judicial Services Examination, 2017 conducted by the respondent no.2 for appointment on the post of District Judge (Entry Level) has been cancelled. It is contended that the name of the petitioner was included in the final select list dated 21.11.2017 at Sl. no. 37 under the Unreserved Category candidates. However, by the impugned order the name of the petitioner has been deleted from the select list and his selection has been cancelled.
(3.) It is argued that the order dated 17.09.2018 passed by the respondent no.1 does not spell out the reasons for declaring the petitioner ineligible for appointment. However, on the basis of the information received by the petitioner under the Right to Information Act, it is revealed that the selection of the petitioner has been cancelled taking into consideration the pendency of a criminal case under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Hereinafter referred to as the "Act, 1989").;


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