STATE OF M.P. & ORS. versus PARVEZ KHAN

STATE OF M.P. & ORS. versus PARVEZ KHAN

Refusal to recruit the candidate by the competent authority was justified as the respondent, despite acquittal or discharge, could not be presumed to be fully exonerated. Candidates with criminal antecedents are not fit to enter police service, and the doctrine of equality under Article 14 does not apply in such cases.

Parties
Appellant: State of Madhya Pradesh & Ors.; Respondent: Parvez Khan
Jurisdiction
India
Judgment Date
01 December 2014
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of High Court of Madhya Pradesh at Jabalpur, Writ Appeal No. 262 of 2010
Outcome
Appeal allowed
Legal Topics
Compassionate Appointment, Police Recruitment, Criminal Antecedents, Doctrine of Equality
Constitutional Law Service Law Compassionate Appointment Police Recruitment Criminal Antecedents Doctrine of Equality

Case Brief

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Parties

State of Madhya Pradesh & Ors.

Appellant

Parvez Khan

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of High Court of Madhya Pradesh at Jabalpur, Writ Appeal No. 262 of 2010

Legal Issues

  1. 1 Whether refusal of compassionate appointment in police service on the ground of criminal antecedents of candidate who was acquitted for want of evidence or discharged due to compounding is justified

Ratio Decidendi

Refusal to recruit the candidate by the competent authority was justified as the respondent, despite acquittal or discharge, could not be presumed to be fully exonerated. Candidates with criminal antecedents are not fit to enter police service, and the doctrine of equality under Article 14 does not apply in such cases.

Court Disposition

Appeal allowed

Orders

  • Impugned order of Division Bench set aside
  • Claim for recruitment of respondent by way of compassionate appointment rejected