NEW DELHI: A 30-year-old woman's dream to join the judicial service as a judge suffered a blow as a 'false' dog bite case in which she was already acquitted came to haunt her.
Apoorv Pathak is a law graduate with distinction and gold medal from the university. She cleared the Madhya Pradesh Judicial Services Examination 2019 and was selected finally to be posted as a civil judge (junior division). While awaiting posting, she was shocked to note that her name has been deleted from the merit list/selection list.
She has now approached the Supreme Court which has decided to look into her matter.
A bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah on April 5 issued notice to the Madhya Pradesh High Court and the state government as her appointment was cancelled in view of the case lodged against her when she had tried to save a street dog from being beaten up.
Advocate Namit Saxena, appearing for Pathak, contended that denial of appointment to her on the ground of previous criminal case in which she stands acquitted is violation of the fundamental right as prescribed under Article 14 of the Constitution, as she has not been treated equally and at par with other candidates.
Material irregularity has been committed in passing the order whereby the name of the petitioner has been deleted from the list of selected candidates of civil judge without giving any reasonable opportunity of hearing on the basis of mere registration of matter registered against her under Section 289 of IPC (biting by street dog) in which she has been acquitted on merits by the JMFC court, her plea contended.
She further submitted that it is pertinent to note that at all stages of the judicial services examination i.e., prelims, mains and interview, she had mentioned the said fact of her being framed in a false case and that she has been acquitted by the trial court.
The plea further contended that the high court failed to appreciate that that the registration of an FIR under Section 289 is a petty offence which does not involve mens rea or moral turpitude and squarely falls within the guidelines laid down by the apex court in 'Avtar Singh v Union of India'.
The petitioner was not directly involved in the crime but was a mere victim who got injured while saving the street dog from beating by the complainant. Also, from the medical report of the complainant it has been proved that he was not bitten by any dog as such. The FIR was completely false and malicious hence the JMFC court Bhopal was pleased to acquit the petitioner on merit, the plea stated.
In a complaint made in February 2018, it was alleged that the petitioner made her pet dog bite the complainant and thereby omitted to take actions which are sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt.
She also submitted she was not provided any opportunity of hearing before the order was passed on December 5, 2022.
She sought a direction to restore her candidature at merit number 12 on the selected list for the post of civil judge class-II (entry level) finalised on April 23, 2022.
The petitioner invoked Article 32 of the Constitution as her entire career has been jeopardised by the order and she would be disentitled to judicial services in all times to come which directly snatched away the fundamental right guaranteed under Article 19 (1)(g) of the Constitution.
