MOHAMMED IMRAN Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, a successful aspirant for judicial service, is aggrieved by the order dated 04.06.2010 cancelling his selection for appointment due to the character verification report of the police, and the refusal of the High Court to interfere with the same.

(3.) Mr. Huzefa Ahmadi, learned senior counsel appearing for the appellant, submits that the denial of appointment on grounds of moral turpitude is wrong and unsustainable. The appellant has been acquitted of the charge under Sections 363, 366, 34, I.P.C. on 28.10.2004 much before he cleared the examination for appointment in the year 2009. He had truthfully and honestly disclosed his prosecution and acquittal by the Sessions Court, Sangli. According to the allegations, the appellant was in an auto-rickshaw along with another, following the auto-rickshaw in which the main accused was travelling with the girl. The main accused has also been acquitted of the charge under Section 376. In similar circumstances, another aspirant Sudhir Gulabrao Barde, who was prosecuted in Case No.3022 of 2007 under Sections 294, 504, 34, I.P.C. but acquitted on 24.11.2009, has been appointed. The appellant has therefore been subjected to arbitrary and hostile discrimination. Reliance in support of the submissions was placed on Joginder Singh vs. Union Territory of Chandigarh and others, (2015) 2 SCC 377.