RAKSHA PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) This intra court appeal preferred u/S 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails final order dtd. 30/11/2022 in W.P. No.26933 of 2022 passed by learned Single Judge while exercising writ jurisdiction under Article 226 of the Constitution of India, dismissing the petition so far as it relates to appellants herein thereby upholding the cancellation of candidature of appellants for having failed in the PPT (Physical Proficiency Test) conducted for appointment to the post of Constable (GD) in Police.

(2.) Learned Single Judge dismissed the petition in question on the ground that appellants in response to the query, whether candidates have live employment exchange cards or not, answered "Yes", despite none of appellants possessing live employment exchange card on the crucial date i.e. last date of furnishing application form (27/1/2021). Thus, the learned Single Judge in the given facts and circumstances held that appellants are guilty of suppressing material facts thereby dis-entitling them to appointment for having played fraud. The learned Single Judge also relied upon the written undertaking given by each appellants while filling up their application form, that in case of disclosure of any incorrect information, the candidature is liable to be cancelled.

(3.) Learned counsel for rival parties are heard at length.